8
my mind whether the prosecutrix was raped or not, talk less by the accused
person.
The law is trite that where there is a doubt in criminal trials such doubts
must be resolved in favour of the accused (QUEEN v. OBIASA (1962) 1
ALL NLR 651). I shall therefore hold and resolve these doubts in favour of
the accused person and in doing so; I hold that the prosecution has failed to
prove its case beyond reasonable doubts that the accused had unlawful
carnal knowledge of the prosecutrix.
The law is settled that where the prosecution has failed to prove its case
beyond reasonable doubts the accused is entitled to an acquittal
(WOOLMINGTON v. DPP (1935) AC 462). In view of the above, I am
compelled at this point to discharge and acquit the accused person. The
accused person ALIMAMEH GIBBA is accordingly discharged and
acquitted.
EMMANUEL A. NKEA
JUDGE
ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE
HAND OF THE PRESIDING JUDGE THIS 22nd DAY OF OCTOBER
2012
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REGISTRAR