One Salifu Njie accused of rape was on Wednesday acquitted and discharged by the Special Criminal Court in
It was alleged that Njie had carnal knowledge of an under-age girl on 6 March 2010, at Brufut village in the Kombo North District of the West Coast Region.
Delivering his judgment, Justice Emmanuel Nkea stated that the prosecution had called five witnesses and tendered three exhibits, while the accused person testified on his own without calling any witness.
The judge stated that it was the evidence of the victim that she was invited by the accused into his house with the intention of giving her money, but instead of giving her money, the accused forced her and had carnal knowledge of her.
He further stated that going through the testimony of the accused person, he also told the court that he was impotent and, therefore, could not function as a man.
He said the accused was taken to RVTH, where a test was conducted and the accused was found to be potent.
Justice Nkea stated, however, that there was no eyewitness to the alleged incident, adding that the court could not rely on evidence which was not before it.
Still in his judgment, the judge added that the medical report did not show that there was a forceful penetration in the private parts of the victim, adding that he did not believe that the accused person had carnal knowledge of the victim.
The judge also highlighted the importance of corroboration.
He added that it was the duty of the prosecution to call material witnesses in support of their case, further stating that the prosecution had failed to prove their case beyond all reasonable doubts.
He consequently acquitted and discharged the accused person.
