IN THE HIGH COURT OF THE GAMBIA
SPECIAL CRIMINAL DIVISION
CRIMINAL CASE No: HC/123/11/BK/013/D1
BETWEEN:
THE STATE
COMPLAINANT
AND
ALASAN TOURAY
ACCUSED PERSON
WEDNESDAY 15th FEBRUARY 2012
BEFORE HON. JUSTICE EMMANUEL A. NKEA
ACCUSED PERSON PRESENT
MRS. A. D BWALA FOR THE STATE PRESENT
MRS O. UDUMA FOR THE ACCUSED PRESENT
JUDGMENT
The accused person herein is charged before this Court for having on the
25th day of January 2011, at Banjulinding Village, The Gambia forcefully
had carnal knowledge of one MARIAMA JALLOW a girl under the age of
18 contrary to Section 121 of the Criminal Code. The accused person
pleaded not guilty to the offence. The Prosecution led evidence through
four (4) witnesses and tendered two (2) exhibits in support of its case while
the accused person led evidence as the sole witness in his defence.
The case of the prosecution is that on or about the 25th day of January 2011,
the prosecutrix (PW2) was sent by her grandmother (PW1) to borrow a
wheel barrow from the accused. The accused asked the prosecutrix to go
into his room and pick up the wheel barrow. As she went inside, the
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