During her cross examination, PW1, Ms Conteh, explained that she knew everything about the case after the incident because when she suspected that her sister was pregnant, she questioned her but the victim told her nothing was wrong with her.
It would be recalled that the accused was charged with rape contrary to section 3(2)(d) of the Sexual Offence Act 2013, punishable under section 4(a)(1) of the Sexual Offence Act 2013 laws of the Gambia.
The particulars of offence indicated that Ebou Ceesay in July 2023 at the Kanifing Municipality “forcefully and unlawfully” had carnal knowledge of a 14-year-old girl. But Ebou pleaded not guilty to the offence charged.
During her testimony, PW1 explained that she was muted about what she suspected about her sister but later on decided to trick the victim and accompanied her to the hospital where she discussed and explained everything to a doctor who asked her to bring the child on board for a test to be conducted.
After the test was conducted, she testified, the doctor called her (PW1) in camera and revealed that the child was pregnant and the pregnancy was improving.
“Upon our arrival home, I informed my mom and step mom and then called the victim inside my room and asked her to reveal who was responsible for the pregnancy and she responded that it was one ‘uncle Ebou’,” PWI said.
During her narration, the witness said that the child explained to her that she knew the accused, adding that when she was sent by PW1’s sister to the pharmacy, she was stopped by the accused.
She said the accused told her to follow him to his house, that he had something for the person who sent her.
The victim followed him to his house and was asked to sit and wait for him in the parlour, the witness told the court, paraphrasing the victim’s explanation to her: “Then the accused came out from his bedroom undressed wrapped in a towel holding his house key.”
She further said that the victim asked the accused about his motive, then the accused responded that she was too young to have doubts on him and then the accused closed the door, undressed the victim and raped her and took her virginity, she said.
The case was adjourned till 16 January 2024.
