Oct 6, 2010, 3:00 PM
One Alpha Jallow, who was yesterday acquitted and discharged by the special criminal court for allegedly raping a 3-year-old girl in Barra some time in 2009, was immediately remanded in custody.
This followed an application made to that effect by the Deputy Director of Public Prosecutions, M. Abdullahi, pending the appeal against the acquittal and discharge of the accused.
In delivering judgment, Justice Ikpala stated that the accused, Alpha Jallow, was charged with the offence of rape, which he denied.
He adduced that the prosecution called five witnesses in support of their case, while the accused person testified on his own without calling any witness.
Justice Ikpala further pointed out that the evidence of the prosecution witnesses was too weak, for any competent court of law to rely on to convict the accused person.
He added that the accused person was not properly paraded, and the witness could not identify him, adding that the evidence laid by the prosecution witnesses was insufficient to warrant a conviction.
Consequently, he acquitted and discharged the accused person, as the prosecution woefully failed to prove their case beyond all reasonable doubt.
Following the acquittal and discharge of the accused person, the DDPP made an application under section 285 of the CPC, to remand the accused pending his appeal against the acquittal and discharge.
In response to the DDPP's application, Assan ANI Martin, counsel for the accused person, argued that the court had already delivered the judgment in which it acquitted and discharged the accused person.
He said the defence opposed the prosecution's application.
However, Justice Ikpala granted the prosecution’s application, and subsequently remanded the accused person in custody pending the filing of an appeal.