Jan 14, 2010, 2:41 PM
The Special Criminal Court in
Justice Emmanuel Nkea in his judgment stated that the convicted person, Muhammed Sambou was charged with two counts of criminal offences.
The particulars of the offence stated that, in 2011 at Bijilo village within the jurisdiction of the court, he robbed the victim and also had carnal knowledge of her at the same place and time.
The judge added that the accused person denied both counts, and that the prosecution paraded four witnesses and tendered two exhibits in support of their case, whereas Sambou testified as a lone witness and tendered one exhibit.
The judge adduced that PW1, the victim, told the court in her evidence-in-chief that the convicted person picked her from Super-Bird with his commercial vehicle, after she hired him to take her to Bakoteh, and they agreed on a price.
The victim further stated that the convicted person drove her to Bijilo, where he forcefully dragged her to the back seat of the vehicle and forcefully inserted his private part in to her private part; as a result of which she sustained bruises on her private part.
Sambou also took her mobile phone in a forcefully manner, while threatening to kill her, the judge went on, citing the evidence adduced.
Still in his judgment, the Justice Nkea stated that the prosecution must prove that the victim was raped, and also establish that it was done without her consent, as the burden of proving the case lies on the prosecution.
He added that with regard to count one, the evidence of PW1 was never challenged, and the accused had never surrendered the phone to the victim until he was arrested by the police.
The judge added that the prosecution had proven its case beyond all reasonable doubts, and he was satisfied that the convicted person had raped the victim at the back seat of his vehicle; and the victim’s private part sustained bruises. He also robbed the victim of her mobile phone, even though there was no eyewitness, the judge continued.
He consequently convicted and sentenced him accordingly.