The sequence of events in this case establishes a clean nexus between the accused and the act. The victim was not the wife of the accused and no justification has been advanced, neither have I seen any on record to suggest that the sexual intercourse was a lawful one. I therefore hold that the sexual intercourse was unlawful and this I shall again hold as a fact. The first and third elements of the offence have therefore been satisfactorily established by the prosecution. I resolve same in favour of the prosecution. It is so obvious that the prosecutrix at the age of four (4) 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. The prosecution therefore also proved this fact beyond reasonable doubts. From the foregoing, I reach the conclusion that the prosecution proved its case with the certainty required by law. The accused person MOMODOU CAMARA is accordingly found guilty and convicted as charged. EMMANUEL A. NKEA JUDGE 6

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