By Sainabou Sambou
Magistrate AB Faal of the Kanifing Magistrate Court Monday approved the transferred of the 11-year-old boy rape case to the High Court for trial.
When the accused, Hamza Jeng appeared before the court, he pleaded not guilty at the read of statement and particulars of his offence.
After his plea before the Magistrate, the Prosecutor, Sergeant 3577 Kebbeh, said “the charges which the accused stands is a rape (case) which is a capital offence.”
However, he said “with the provision of the legal notice No 3 of 2009 governed the establishment of the special criminal division of the High Court of The Gambia to deal with only capital offence.” Therefore, he applied for the transfer of the case to special criminal division of the High Court.
Also, he said “We asked for the accused to be remanded pending the hearing of the matter at the special criminal division of the High Court,” citing section 62 and 208 (A) of the criminal procedure code cap 10:01 Vol III laws of the Gambia 2009.
Considering the nature of the offence committed by the accused Hamzat Jeng, the court granted the prosecutor’s application and the case was transferred to the High Court of The Gambia for hearing.
Meanwhile, the statement of his offence is rape contrary to section 3 (2)(d) of the sexual offence Act 2013.
According to the narration of the offence, Hamza Jeng on 22nd day of May 2021 in Kanifing Layout wilfully and unlawfully under coercive circumstance had carnal knowledge of a minor (name withheld), an 11-year-old boy without his consent and thereby committed an offence.
Seagent 3577 Kebbeh represented the IGP.
