14-Year Jail Term for Another Rapist

The Daily Observer (Banjul)

Sidiq Asemota

1 June 2011

One Pape Saine of Kunkujang Keitaya village in the West Coast Region, was also on Tuesday 31st of May 2011, convicted and sentenced to 14 years imprisonment by the Special Criminal Court in Banjul, presided over by Justice Joseph Enwa Ikpala.

The accused, Pape Saine was alleged to have unlawfully had sexual intercourse with a 20-year-old girl without her consent on the 1st of February, 20110 in Kunkujang Keitaya village in the West Coast Region. The accused denied the charge and the prosecution led by DPP, Mikailu Abdullahi called five witnesses and tendered exhibits, including the cautionary and voluntary statements of the accused person.

The evidence distilled from the prosecution case revealed that the victim was found sleeping in her family living room when the accused climbed on top of her and forcefully had carnal knowledge of her without her consent. The accused in his defence said the victim was his girl friend, but there was a communication break down between them after he intimated the girl’s family that he wanted to marry the victim.

Delivering judgment, Justice Joseph Enwa Ikpala disclosed that Exhibit “A” and “B”, i.e the cautionary and voluntary statements gave a vivid description of how the accused attacked the victim and had carnal knowledge of her. Justice Ikpala pointed out that the issues raised for determination by the prosecution were; whether the accused did the act without the consent of the victim; and whether the victim was under duress.

Justice Ikpala then cited Section 180 of the Evidence Act 1994, that he agreed that Exhibits “A” and “B”‘ are confessional and that he also found corroboration in the evidence of PW1 and PW2. Justice Ikpala therefore held that the prosecution has proven its case against the accused person beyond reasonable doubt.

In his plea of mitigation, the accused told the court that he is the breadwinner of his family. He begged the court for forgiveness and further urged the court to impose a fine on him, instead of sending him to jail for the rest of his life.

In his final verdict, Justice Joseph Enwa Ikpala remarked that as long as rapists will not desist from their devilish act, the Special Criminal Court will also not relent in meting out of appropriate punishment on them (rapists).

The accused, Pape Saine was therefore sentenced accordingly.

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