3 is responsible for inflicting such injuries. Thus not only were such issues as the evidence of vital witnesses absent from the record, but the important ingredient of corroboration could not be decipher as the prosecutrix whose evidence would have been corroborated never testified. In view of the above, I need not say that the case as presented by the prosecution is porous, but I must add that there is no evidence at all on record upon which this Court could infer the commission of the offence under charged and or link the accused person to the said alleged offence. It is for the reasons stated here above, that I will hold that the prosecution has woefully failed to prove their case with the degree of certainty required by law. It is trite law that where the prosecution fails to prove its case beyond reasonable doubts the Court must proceed with the discharge and acquittal of the accused person. The accused person SARJO KANTEH is accordingly hereby discharged and acquitted. EMMANUEL A. NKEA JUDGE ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE HAND OF THE PRESIDING JUDGE THIS 12th DAY OF DECEMBER 2011 ............................ REGISTRAR