By Bruce Asemota
Justice Ebrima Jaiteh of the High Court in Banjul yesterday acquitted and discharged one Kalifa Jallow of rape.
Jallow was alleged to have unlawfully had carnal knowledge of a 13-year-old girl who was under his care by forcefully engaging in a sexual intercourse with her, on 6 June 2021.
The court’s decision was premised on the fact that the entire evidence of the prosecution was clouded with doubts as to whether there was any evidence of rape.
The trial judge disclosed that the prosecution called two witnesses to discharge the burden of proof but did not tender any exhibit.
Justice Jaiteh further asserted that the alleged victim in her testimony, told the court that nothing happened between the accused person and herself.
The judge revealed that the alleged victim herself debunked the entire testimony of the first prosecution witness as false in addition to the fact that there was no eye witness account to prove rape or the element of rape and the prosecution did not tender any document to prove same.
Justice Jaiteh disclosed that after the testimony of the alleged victim, the prosecution informed the court that they intend to file a nolle prosequi and the court had been waiting for the Attorney General, with the case taking a series of adjournments at the instances of the prosecution which had decided to leave the case in hands of the court.
Justice Jaiteh said he therefore did not find any prima facie case in the charge but to dismiss the offence charged.
