was to open its defence but chose not to call any witness. On
account of that both parties filled written addresses and the case
was adjourned for judgement which I now deliver.
The prosecution in its address submitted that the burden of proving
its case beyond reasonable doubt lies on them. In doing so the
prosecution referred to Section 127 (1) of the Criminal Code Cap
10 Vol. III Laws of The Gambia 1990.
In her submission, Mrs Woods submitted that in order to ground a
conviction, the prosecution has to prove the following ingredients
of the offence charged:1. That there was carnal knowledge of a girl;
2. That the act was unlawful;
3. That the girl was under sixteen years; and
4. That the act was that of the accused person.
Mrs Woods formulated the following issues for determination:1. Whether there was carnal knowledge of PW1;
2. Whether the act of carnal knowledge was by the accused
person;
3. Whether the act was unlawful;
4. Whether the victim was under sixteen years of age;
5. Whether the prosecution has proved its case beyond
reasonable doubt; and
13
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