7 requested her to do so, I do not see how I can form an opinion of forcible coitus in the circumstance. The prosecution had contended that the prosecutrix was a patient of mental retardation at birth. This is a medical condition, but the allegation of mental retardation was not supported by any medical evidence. I could have found for defilement but again, the age of the prosecutrix was not also medically established. Since lack of consent is of primary importance in the offence of rape, and since the prosecution has not satisfactorily proved the lack of it, I am constrained in the circumstance to also hold that this count must fall to the ground. In view of the foregoing, the accused person shall be discharged and acquitted on both counts. EMMANUEL A. NKEA JUDGE ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE HAND OF THE PRESIDING JUDGE THIS 9th DAY OF NOVEMBER 2011 ............................ REGISTRAR