PW4- Fabakary Gibba testified that he is the father of the complainant. That he is a senior teacher at Ndemban Lower Basic School where the accused is also teaching. Witness testified that during the Christmas holidays of December 2009, and whilst he was at Serrekunda, he had received a call from the guardian of his daughter at Brikama who had wanted to talk to him on his way back home. That he had referred her to his wife at Ndemban. That back at Ndemban, he was told by his wife that his daughters guardian wanted to tell him that his daughter was pregnant that he was unhappy when he saw her because she had not completed school that her education had to stop when it was time for her delivery. Under cross-examination, PW4 testified that his daughter was born in 1992 and that she was registered in 2003 because they live in the provinces where she was born and it was not easy to get a birth certificate back then because you had to come to Banjul for it. P.W4 also testified that you could use a birth certificate a clinic card or even the parents could be asked the date of birth of the child when registering a child in school. In answer to question put to him, PW4 testified that he could remember the date of registration of the complainant because she has a case of concern and was in court and that the date was not made up very late in the day for the purpose of this case. PW5 Sergent Kaddy Badjie testified that she is with the police child welfare under the Crime Management Unit. That she remembered her office investigating the case of the accused person. That her office had on the 23rd of March 2010 made a request signed by her O/C Yamundow Jagne Joof to the R.V.T.H for the determination of the age of the complainant. That her O/C is currently in Darfur but she will be able to recognise the document. The said document was tendered and admitted in evidence upon identification. At the close of the case for the prosecution, the accused opened his defence. It is the testimony of the accused that he is a teacher but is currently not teaching and is at the Gambia College pursuing a Primary Teacher’s Certificate. He stated that he disagrees with all that was said about him in the court. In his testimony, he explained that in 2009, the complainant was always passing by his house around 5.pm everyday at Ndemban Village where he was teaching. That the complainant used to stroll by going no where. That one day she passed him sitting at the corridor of his house and on her return she told him that she needed money to go for holidays to the Kombos because her father had told her that he was not going to give any to her. The accused stated further that the complainant told him that she would do something for him if he gave her the fare and that he had told her to come back again. That the next day, at night whilst he was going to the shop they collided and the complainant told him that she would come to his house after going to watch a film. It is his testimony that around 11:00pm that time the complainant came to his house, found him writing in his sitting room

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