About three days later the prosecutrix spotted the car in which she was
raped at the Tipper Garage in Bakoteh. She stopped and boarded the
taxi and later hired the taxi to the Brusubi police station where she
alerted the police. The person (PW2) driving the taxi this time was not
the accused. However, PW2 helped the police to identify and arrest the
accused. The Ericson phone was recovered from the accused after his
arrest. This phone is in evidence as exhibit “A”. Suffice to state here
that the statements recorded from the accused by PW3 were rejected in
evidence on grounds that they were obtained after the accused was
beaten by the police.
On his part the accused denied the charge. He referred to the
prosecutrix as a prostitute who hired his services as a taxi man on that
fateful day. He picked her from City Pop in Serekunda to Bakoteh but
at some point around the Serrekunda intersection to Bakoteh, the
prosecutrix asked the accused to drive her to Super Bar at the Brikama
Highway. They agreed on an additional charge. At Supper Bar the
prosecutrix waited more than expected but later joined to Bakoteh. On
their way to Bakoteh the prosecutrix informed him that she lost all the
money she had in her bag. The accused refused to receive payment in
kind or allow her till the next day to pay but decided to drive off to the
police. The prosecutrix attempted to escape from the moving car but
was held on her dress by the accused. As he continued to drive, the
prosecutrix held on the steering wheel and his hands diverting the car
towards some onlookers. The accused only regained control of the car
after giving the prosecutrix some blows on her hands. At that point the
prosecutrix succeeded to get out of the car; he threw out her plastic bag
3