2
The prosecution’s case is centered on the evidence of PW1 (mother of the
prosecutrix) and PW4 (the prosecutrix). The accused and the prosecutrix
are both partially deaf and dumb. The accused is a teacher at the St John’s
School for the Deaf and the prosecutrix is a student thereat. According to
PW1, the prosecutrix who was born in 1993, returned late from school on
10 February, 2011. Offended by this, PW1 scolded her and promised to stop
her from school. In this regard, PW1 prevented her from going to school
the following Monday and Tuesday. As a result of this, the prosecutrix
informed PW1 that the reasons of her late return from school was because
the accused had held her back in his room (on the 10/02/2011)where he
forcefully had sexual intercourse with her. PW1 reported the matter to the
Deputy Principal of the school and took the prosecutrix to see a Doctor the
next day. Because the Banjulinding Health Centre does not handle cases of
sexual assault, she proceeded to the RVTH the next day where the
prosecutrix was examined and a medico-legal report issued. This report is
in evidence as exhibit P3. She eventually reported the matter to the police
whereupon the accused was arrested. During the investigations into this
matter statements were recorded from the accused by PW2. These
statements are in evidence as exhibits P1 and P2.
PW4 (prosecutrix) testified that the incident occurred on the 28 of January
but she cannot remember the year. The accused summoned her to his
house to teach her sign language, but when she got there, the accused
closed the door; she tried to run away but was held back by the accused.
There was a struggle between them, the accused pushed her on the bed,