One Lamin
Beyai, accused of attempted rape, was Monday acquitted and discharged by Magistrate
Nyima Samateh of the Brikama Magistrates’ Court.
Delivering her judgement, the presiding magistrate told the court that the accused person was brought before the court and charged with a single-count of attempted rape, which he denied.
The particulars of offence stated that the accused, Lamin Beyai, on 22 September 2013, at Busumbala village, in Kombo North, West Coast Region, attempted to rape a 10-year-old girl.
She said the prosecution called four witnesses and provided one medical certificate to prove their case and the accused also testified as lone witness.
She highlighted the evidence as adduced before the court and reached the conclusion that the prosecution had woefully failed to discharge the burden laid on them to prove their case beyond all reasonable doubts.
According to the magistrate, the identification in law was very important whether at the time of the incident, the complainant identified whether it was the accused or not.
She said the only identification the complainant stated in court was that the accused was wearing black clothes, which the accused denied.
She said the medical certificate also did not indicate that the complainant was raped during the time of the incident.
She therefore acquitted and discharged the accused person accordingly.
