3 that the accused could not have and did not have any sexual intercourse with the prosecutrix. These are the brief facts upon which I must now proceed to determine the guilt or otherwise of the accused person. Perhaps it is important to state that at the close of the trial both sides were given the opportunity to file written addresses. While the prosecution filed and adopted a nine page written address on the 10 of October 2011 the Defense decided to waive their right to address me thus paving the way for this judgment. In their written address, the prosecution has referred me to a plethora of cases urging me to believe the evidence of the prosecution and to disbelieve the evidence of the defense. In her written submission Counsel for the prosecution Miss N Jallow framed out the following questions as the issues for determination in this case: (a) Whether the victim was enticed and kept away from her lawful guardian, (b) Whether the victim was taken away with or without the consent of her lawful guardian, and (c) Whether the accused person penetrated the victim. I must say straight away that Counsel did not help the Court at all as the above issues suggest that the accused was on trial on a one Count charge.

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