1 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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