By Bruce Asemota
The Gambia Court of Appeal presided over by Justices Mahoney, Wadda-Cissé and Wright has upheld the jail sentence passed by the High Court on one Muhammed Sambou.
Muhammed Sambou was convicted on two counts of rape and robbery and sentenced to 25 years imprisonment on each count by the high court in May, 2012.
The state called four witnesses and the accused testified in his defence.
Dissatisfied with the high court judgement, the convict filed an appeal challenging the high court’s decision on both counts and asked the Court of Appeal to overturn, set aside the convictions and sentences and acquit and discharge him.
In his lead judgement, Justice BVP Mahoney disclosed that the Sambou was charged with rape and that it was well established that the ingredients of rape are that the accused had sexual intercourse with the complainant without her consent.
He asserted that the slightest penetration will be sufficient to constitute the act of sexual intercourse.
Justice Mahoney further asserted that there were other evidence which came from the accused person himself which corroborated the evidence of the victim on the offence of rape.
Justice Mahoney disclosed that the appellate court accepted the high court findings and that Sambou had no reason to impugn the high court’s judgement but to accept the its findings and therefore the conviction of rape and robbery was dismissed.
