2
The prosecution’s case is that on or about the 30th day of May 2011 the
prosecutrix (PW3) was sent to the house of the accused to get a pressing
iron. While at the house, the accused asked the prosecutrix to get into the
room of his daughter. As she got in, the accused closed the front and back
doors of his house and went inside the room to meet the prosecutrix. He
tied her up by the hands, forced a headscarf into her mouth and then raped
her. As the prosecutrix left the house of the accused, he met up with PW2
to whom she explained her ordeal; PW4 said he was present when the
prosecutrix explained this to PW2. PW2 saw how the prosecutrix entered
the house of the accused and noticed that she stayed therein for a long time
with all the doors closed. The accused initially denied the allegations when
he was confronted but would later admit to one Abdoulie Sowe that he
was under a spell when he did the act. The matter was reported to the
police and PW1 was detailed to record statements from the accused. The
statements were rejected after a Voire Dire was conducted because the
State was unable to produce the Independent Witness who witnessed the
voluntariness of the statements. During the investigations, the prosecutrix
was made to see a Doctor who examined her and issued a medical report.
The Medical Report and treatment card are in evidence as exhibits “A-A1”.
The accused denied the charge in his testimony before this Court. He
maintained that he has been framed up by PW2 and PW4 as a result of a
dispute arising from his position as the Deputy Imam of the village and his
refusal to attend Friday prayers in the old Mosque. He told court that he is
sexually inactive and therefore could not have committed the offence of