2 the accused rape the victim. The victim is supposed to be the star witness for the prosecution. All the exhibits tendered in this case were supposed to be in corroboration of her evidence. In the absence of her evidence, there was therefore nothing to be corroborated. The need and duty of the prosecution to call all material witnesses or make them available to the defence was emphasized in the Gambian Court of Appeal case of MARENA V. THE STATE (1960-1993) GLR 396. These lapses have proved fatal to the prosecution as they have created serious doubts in my mind whether the accused can be said to be the person that defiled the victim. I will not border myself to address the other issues as it would be an exercise in futility. Having already held that the available evidence raises serious doubts in my mind, I shall proceed in line with the settled position of the law to resolve these doubts in favour of the accused person. The accused person is accordingly discharge and acquitted. EMMANUEL A. NKEA JUDGE ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE HAND OF THE PRESIDING JUDGE THIS 15th DAY OF NOVEMBER 2011 ............................ REGISTRAR