1
IN THE HIGH COURT OF THE GAMBIA
CRIMINAL CASE No: HC/577/10/CR/161/AO
BETWEEN:
THE STATE
COMPLAINANT
AND
MALANG BOJANG
ACCUSED PERSON
TUESDAY 15th NOVEMBER 2011
BEFORE HON. JUSTICE EMMANUEL A. NKEA
ACCUSED PERSON PRESENT
MRS. A. D BWALA FOR THE STATE PRESENT
MRS. N GBUJI FOR THE ACCUSED PRESENT
JUDGMENT
The accused person herein is charged before this Court for having on
the 25th day of February 2010 at Daranka Village, in the Western
Region of The Gambia had unlawful carnal knowledge of one BINTA
FOFANA a girl of 12 years without her consent contrary to Section 121
and punishable under Section 122 of the Criminal Code. The accused
person pleaded not guilty to the offence.
I must observe straight away that although the prosecution called 4
witnesses to buttress their case, the victim was never called as one of
them. The Court was therefore not given the opportunity to see and
hear the evidence of the alleged victim. The Court did not also get the
opportunity to see the victim identify the accused as the man who
raped her. There is no evidence of any eye witness who said he saw