IN THE HIGH COURT OF THE GAMBIA
SUIT NO: HC/492/10/BK/031/A0
BETWEEN:
THE STATE
-
PROSECUTOR
-
ACCUSED
AND
BERRAY SOWE
Prosecutor - absent
Accused - present
O.D. Mbye for the Accused - present
E. Sanneh for the Prosecutor - absent
Before Hon. Justice A. Bah
This 30th day of June, 2011
The accused Berray Sowe stands charged by an indictment dated July
2010 with the offence of defiling a girl under the age of 16 years, now
18years as amemded contrary to Section 127 of the Criminal Code, Cap
10 Vol. III of the laws of The Gambia 1990.
Section 127 reads:
“Any person who unlawfully and carnally knows
any girl under the age of sixteen years is guilty of
a felony, and is liable to imprisonment for a term
of fourteen years”.
The particulars of offence were that the accused, on or about the month
of July 2009 at Ndemban Village within the jurisdiction of this honorable
court, had carnal knowledge of Mariama Gibba and thereby committed
an offence.
The prosecution in proving its case called four witnesses and tendered
five exhibits to wit: voluntary & cautionary statement of the accused
marked Exhibits 1&2 respectively; the statements of the complainant
Exhibit 3; the birth certificate of the complainant Exhibit 4 and Exhibit 5
the letter requesting for the age determination of the complainant.
At the close of the case for the prosecution, the accused person gave
evidence in his defence and did not call any other witness. At the
conclusion of his case, both sides addressed the court orally.