PARTICULARS OF OFFENCE Musa Keita in the year 2014 at Wellingara in the Kanifing Municipality of the Republic of The Gambia, within the jurisdiction of the Honourable Court had unlawful carnal knowledge of Alimatou Saidy aged sixteen without her consent and thereby committed an offence. COUNT 2 STATEMENT OF OFFENCE Incest Contrary to Section 148(1) of the Criminal Code Cap. 10:01 Vol. III Revised Laws of The Gambia, 2009 and punishable under the same section. PARTICULARS OF OFFENCE Musa Keita in the year 2014 at Wellingara in the Kanifing Municipality of the Republic of the Gambia, within the jurisdiction of this Honourable Court had carnal knowledge of your granddaughter. Alimatou Saidy, aged 16 years and thereby committed an offence. The Accused was arraigned before this Court on 30/4/15. He pleaded not guilty to the charge. The prosecution called three witnesses and tendered three exhibits. 1. Exhibit ‘A’ – Voluntary Statement. 2. Exhibit “B” - Cautionary Statement. 3. Exhibit “C” – A letter with Reference No: EFSTH 61c/Vol. 1 dated 8/12/2014 on the age of Mariatou Saidy. 4. The Accused testified as DW1 and called one other witness. No exhibit was tendered by the defence. Both parties filed Written Briefs which were adopted on 19/7/2016. 5. The defenced raised two issues for determination in this appeal. They are: 1. Whether the entire evidence led by the prosecution proved the charge of rape as provided by Section 121 of the Criminal Code against the Accused beyond reasonable doubt. JUDGMENT – THE STATE VS MUSA KEITA 27/7/2016 Page | 2