outside evidence corroborating the confessions of sexual intercourse by
the accused person in exhibits “A” and “C”.
The evidence of PW2 is that the arresting team found the accused
hiding under a bed in the house. This piece of evidence was not only
unequivocal, unchallenged and uncontroverted but was also replicated
with the same exactitude in exhibit “C”. This is an additional outside
evidence corroborating the confessions of the accused person.
This sequence of events establishes a clean nexus between the accused
and the act. I am therefore satisfied that the accused had unlawful
sexual intercourse with FATOU TOURAY and this I shall hold as a
fact. The first and third ingredients of the offence have therefore been
satisfactorily established by the prosecution.
On the second ingredient, it is obvious that the prosecutrix was too
tender to consent to any form of sexual activity. She accordingly could
not and did not give her consent to that sexual activity and this I shall
again hold as a fact.
From the foregoing, I reach the conclusion that the prosecution has
proved its case with the certainty required by law. The accused person
MODOU LAMIN YERANJANG is accordingly convicted as charged.
EMMANUEL A. NKEA
JUDGE
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