By: Dawda M. Jallow
The alleged rape case, involving one Modou Sarr of Ebo Town has been transferred to the Banjul High Court on jurisdictional grounds.
Modou appeared before Magistrate Mben Faal of the Kanifing Magistrates’ Court on allegation of having a carnal knowledge of a minor; an allegation he denied.
The particulars of the offense states that the accused in July of this year had a carnal knowledge of a 14-year-old contrary to Section 3(1)(A) and punishable under Section 4(CC) of the Sexual Offences Act (2013).
A relative of the minor, Mariama Sambou, told the court that she was at home in July of this year between 8:00 am and 9:00am when Modou Sarr came to buy cold water. She narrated that when Modou bought the water, he placed it on top of a table but that as he was about to leave, she reminded him of his water. The witness adduced that Modou, who lived in the same compound with her and her sister, asked her to take the water to his house.
“I told him that I was coming but he told my younger sister to take the cold water to him, which she did. After a while, I did not see neither the victim nor Modou. I called out their names but none of them responded. That was the time I pushed Modou’s door and to my surprise, I found him on top of my younger sister. When I raised alarm, Modou jumped, pushed me and was about to bite me,” the witness testified.
The witness narrated that she reported the matterto one Samata Wilans, who advised her to quickly inform the victim’s mother.
“Since then, Modou had been threatening to kill me,”she added.
At this juncture, prosecuting officer Sergeant Baldeh applied for the transfer of the case to the Special Criminal Division of the High Court pursuant to Section 62(1) of the Criminal Procedure Code. The prosecution also made an application for the remand in custody of the accused pursuant to Section 208(A) of the Criminal Procedure Code as, according to him, the offence that the accused is standing trial, carries a life imprisonment.
The applications were granted.