grand – father while the Accused is her uncle. This is another material
contradiction in the evidence of the prosecution which I also resolve in favour
of the Accused.
In conclusion, I am of the humble but firm view theat the evidence of the
prosecution has no legs. It cannot stand. In fact it has collapsed like a pack
of carol cards. I agree with the submissions of the Learned Counsel for the
Accused and the relevant cases cited in support. I discountenance all the
submissions and authorities of the prosecution.
I find and hold that the prosecution has failed woefully to discharge the onus
propandi bestowed on it by law. The case of the prosecution is hereby
dismissed. I find the Accused not guilty of the offences of rape and incest.
The Accused is accordingly discharged and acquitted.
................................................
HON. JUSTICE E. O. OTABA
JUDGE
th
27 July 2016
ISSUED AT BANJUL UNDER THE SEAL OF THE COURT AND THE
HANDS OF THE PRESIDING JUDGE THIS 27TH JULY 2016
............................................
PRINCIPAL REGISTRAR
JUDGMENT – THE STATE VS MUSA KEITA 27/7/2016
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