in 2014 she lived in Guinea Bissau. She returned to The Gambia after her father’s death and stayed with her grand mother at Jarra Sutukung, Lower River Region. It was there the Accused met her and told her to come and live with him to help his pregnant wife. That the grandmother accepted and allowed her to come and live with the Accused at Wellingara. At that time one Alfusainey were staying in the Accused’s house to receive treatment but he became well and left for Jarra Sutukung. That that was when the Accused started having sex with her. That she wanted to report the incident to one Fatou Keita, Accused’s elder sister but the Accused restrained her. That she was in her room at 1am when the Accused left his wife who was not asleep to have sex with her (PW2). That when the wife confronted him the following morning, the Accused promised not to do so again. That the Accused used to sleep in the parlour with his wife. That he had sex with her (PW2) on several occasions which resulted to quarrel between him and his wife but he told the wife not to expose him. That she experienced blood and pains and became aware that she was pregnant. That at first she was not aware that she was pregnant. It was one Foday Ceeesay who told her that she was pregnant and she begot a baby. Under cross examination, PW2 said it was in late 2014 that she started living with the Accused and his wife. That she put to birth on 20th February, 2015. That Alfusainey is her grandfather because he is her mother’s father. That the Accused had two children with whom she was sleeping in the room. That she reported the incident to the Accused’s wife who also told Yusupha and Dawda and not the police or family members. That he met Foday Ceesay inside his house where he told her she was pregnant. That the Accused is related to her mother’s father who is of the same parents with the Accused. Upon re-examination as to when she moved into the Accused’s house she said she did not know whether, it was in December 2014. PW3 was the medical officer who determined the age of the prosecutrix as 14 years, prepared and tendered exhibit ‘C’ By virtue of Section 24 (3) (a) of the Constitution of the Republic of The Gambia, 1997 every person who is charged with a criminal offence shall be presumed innocent until he or she is proved, or has pleaded guilty. The Accused pleaded not guilty to the charge. Under Section 141 (1) of the Evidence Act, 1994 a person who desires a Court to give judgment as to a JUDGMENT – THE STATE VS MUSA KEITA 27/7/2016 Page | 8