By Yerro Mballow
Magistrate Mben Faal of the Kanifing Magistrate Court on Thursday 27 January 2022 acquitted and discharged one Nderry Touray over rape allegations.
The accused person, Nderry Touray was charged with rape contrary to section 3(2)(b) of the Sexual Offence Act 2013.
The particulars of offence stated that on or about 16 November 2019 at Kotu in the Kanifing Municipality, the accused person, Nderry Touray had intercourse with the plaintiff without her consent, thereby committing an offence.
Delivering her judgement, Magistrate Faal mentioned, “the plaintiff witness one (pw1) went and met the accused person at his home and requested from him an apartment to rent, and that the accused person then told him that his aunty has a house and later took the plaintiff to see if she would choose the said house to rent. When they reached the house, the accused person pointed at the houses and the girl choose the house she wanted. They then exchanged numbers and the accused person took the plaintiff to his house where they had sex and she left as reported by PW 1”
“The accused person thereafter had a telephone call with the plaintiff where she visited him. The accused person then bought a full loaf of bread filled with an egg from the D20 he had which they ate. She then told the accused person that she wanted him to give her some money because she had to pay for her sewing at the tailoring shop.”
“The accused person told her that he did not have money with him to give her because he was just from the garage where he had paid the mechanics to service his car. The girl (plaintiff) got angered with the accused person’s statement and then banged the door of his house on him and left”
Still on her judgment, Magistrate Faal said, “second Prosecution Witness (PW2) testified that a medical test was conducted where it indicated that they had sex. Pw2 also revealed that the girl did not consent to the act but the accused person threatened her with a pair of scissors, closed the house and demanded sex from the girl”
Making her ruling on the case, the Magistrate noted that the prosecution had not proven their case beyond reasonable doubt, adding that some of the evidences contradicted each other.
Magistrate Faal ruled that since the prosecution did not prove their case beyond all reasonable doubts, “the accused person is hereby acquitted and discharged.”
