4
any doubts in my mind that it was the accused thatravished the
prosecutrix.
In view of the foregoing, I hold that the prosecution has led credible
evidence to prove the charge with the certainty required by law against the
accused. However, in view of the fact that the accused has been certified to
be suffering from drug induced psychosis, it seems to me that the accused
cannot be criminally held responsible for the offence committed in
accordance with section 10(1) of the Criminal Code.
In view of the above, I shall enter the Special Verdict provided for under
section 136 (1) and (2) of the Criminal Procedure Code and order that the
accused be held TANKA TANKA MENTAL Home as a Criminal Lunatic
till the President’s pleasure shall be known.
The Principal Registrar is ordered to forward a certify copy of this
judgment and the records of this case to the Minister of Health.
EMMANUEL A. NKEA
JUDGE
ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE
HAND OF THE PRESIDING JUDGE THIS 6 DAY OF AUGUST 2012
............................
REGISTRAR