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BETWEEN:

IN THE HIGH COURT OF THE GAMBIA
CRIMINAL CASE No: HC/323/09/CR/074/AO

THE STATE

COMPLAINANT

AND
ERNEST SANYANG

ACCUSED PERSON

THUIRSDAY 15th DECEMBER 2011
BEFORE HON. JUSTICE EMMANUEL A. NKEA
ACCUSED PERSON PRESENT
MRS. A. D BWALA (SSC) FOR THE STATE PRESENT
MRS. N.S GBUJI FOR THE ACCUSED PRESENT

JUDGMENT
By a bill of indictment dated the 13 July 2009, the prosecution has alleged that sometime
in the month of June 2008 at Bundung, in the Kanifing Municipality of The Gambia, the
accused person herein had carnal knowledge of one FATOU HYDARA a girl aged
thirteen (13) contrary to Section 121 and punishable under section 122 of the Criminal
Code. The accused person pleaded not guilty to the offence. The Prosecution’s evidence
was led through eight (8) witnesses and five (5) exhibits were tendered in support of its
case while the accused led sworn evidence and called one witness in support of his
defense.
The prosecution’s case is that on or about the 29th September, 2008, the police received a
tip-off that the prosecutrix was attempting to commit an abortion. The prosecutrix was
arrested and kept under preventive custody at the child welfare centre at Bakoteh. She
remained there for a week and was thereafter taken to the Royal Victoria Teaching
Hospital (RVTH) where an age determination and a scan were conducted on her
whereupon she was confirmed to be 13 years old and 15 weeks pregnant. The age
determination report and the result of the scan which were both conducted on the
prosecutrix on the 07/10/08 are in evidence as exhibits “A” and “B” respectively. The

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