The Prosecution in proof of their case called 7 (seven) witnesses
and tendered two exhibits namely a birth certificate and a medical
certificate marked Exhibits 1 and 2 respectively.
At the close of the Prosecution’s case, the Defence made a no case
submission which after arguments by both sides, was over-ruled
and ordered to enter their defence. The Defence however elected to
remain silent and did not call any witness including the Accused
himself which is well within their right to do so. However, both
sides filed written briefs of arguments.
I now proceed to summarise the evidence of the Prosecution
witnesses.
PW 1 YA NYIMA JENG. She testified that her name is Ya
Nyima Jeng aged 10 years old. That she attends Bakau New Town
Primary School. She said that her mother’s name is Marget Faal
and Alieu Keita is her father. That the accused’s name is Abdoulie
Bahoum and that she knows where he lives in Bakau. She testified
further that the accused person invited her to his house but she
refused to go. On refusing, the accused subsequently sent four
people to bring her to his house who though not clear from the
records of proceedings, presumably did so. On reaching the house,
the accused person requested her to remove her clothes but she
refused to do so. What followed next was that the accused person
himself removed her clothes and that of his own whilst he held a
knife. He thereafter climbed on top of her and said that should she
shout, he would kill her. At this point, she said that the accused
took his private part and put it into hers. Upon finishing, the
accused dressed her up and warned her not to tell her mother and
threatened to kill her should she do so. That the accused told her to
say that it was his brother, Samba Jallow who did it. That in an
attempt to shout, the accused held her mouth and threatened to kill
her.
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