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Children’s Act. In Counts V and VI the accused is alleged to have
between the periods 2008 to 2011 and 2010 to 2011 exposed his
genital organs to FATOUMATTA JALLOW and NDEY FATOU BOJANG
respectively contrary to Section 12 of the Tourism Offences Act.
The accused person pleaded not guilty to the charge. Challenged by
this plea, the prosecution called evidence through eleven (11)
witnesses and tendered series of exhibits in support of its case while
the accused led evidence in his defense and called one witness to
support his case.
The case of the prosecution is that about three years ago, that is, in
2008, the accused met PW2 and requested to take her to his house.
PW2 then took the accused to her mother to seek for permission. PW2
later went with the accused to his house. The accused would
eventually give her a mobile phone and a bicycle. These items are in
evidence as exhibits “D” and “E” respectfully. At some point, PW2 took
her friend PW3 and introduced to the accused. The accused has since
then repeatedly had sexual intercourse with both PW2 and PW3 and in
some instances with both of them simultaneously. Although the
consent of PW2 was obtained by intimidation in the first sexual
encounter with the accused, she subsequently consented to the
sexual advances of the accused after that time. It is as a result of this
alleged first sexual encounter that the accused has been charged with
rape. On her part PW3 always consented throughout to the sexual urge
of the accused, but because she was below 18 years at the time, the