4
never tendered in Court. He urged the court to resolve all these doubts in
favour of the prosecution.
As a preliminary issue, I will like to deal with the issue of the admissibility
of exhibit P1. I have noted the defence challenged the admissibility of
exhibit P1 on grounds of involuntariness, but the same was brushed aside
by the court per Amie Joof J (as she then was) as a matter of weight and not
admissibility. The law is firmly settled that the test of admissibility of an
extra-judicial confession is voluntariness. Thus once the defence objects to
the caution statement, it is the duty of the court to conduct a mini trial to
determine the voluntariness of the statement (Law of Evidence, Hassan B.
Jallow, 18). In this instant case, no mini trial was conducted as require.
Exhibit P1 was wrongly admitted in evidence; I will accordingly attach no
weight to it.
I now turn to the substance of the matter before me. The law on rape
requires the prosecution to establish beyond reasonable doubt that (a) there
was carnal knowledge of the prosecutrix; (b) that the act was that of the
accused person; and (c) that the prosecutrix did not give her consent.
The prosecutrix has alleged in her testimony that the accused had
contemptuous sex with her. The accused has denied this allegation. The
burden is therefore on the prosecution to prove this allegation beyond
reasonable doubt.
Section 180 (2) (a) of the Evidence Act, makes it statutorily mandatory for
the Court to seek for corroboration of the evidence of the prosecutrix in