Justice N.Z. Mboob of the High Court sentenced one Samba Kandeh to ten years in prison for the rape of a 10-year-old girl. The judgment was centred on the testimony of a minor and the corroborative evidence.
The prosecution’s case established that the incident occurred in July 2022 at Latrikunda Sabiji. The victim’s mother (PW2) testified that she discovered her daughter in a room with the accused, who was semi-nude at the time.
The young victim provided emotional testimony under oath, detailing two separate incidents. She described an initial instance where Samba Kandeh forced himself upon her and threatened her life if she spoke out, while the second incident was interrupted by her mother.
The evidence presented during the trial consisted of the victim’s testimony. She described physical pain and seeing blood, which the court found supported the claim of penetration and a police officer (PW1) and the victim’s mother testified that Samba Kandeh initially admitted to the act and asked for forgiveness when first confronted.
While a medical exam confirmed the absence of a hymen, the court noted that such findings are not definitive proof of rape on their own but can serve as a corroborative factor.
The defence, led by Counsel M. Barrow, argued that the prosecution’s case was contradictory and lacked physical evidence such as semen or injuries. Samba Kandeh himself denied the charges in court, claiming he was forced to thumbprint a police statement and that he never asked the girl for a message as alleged.
However, Justice Mboob found Kandeh’s court testimony to be “materially contradictory” to both his previous police statement and the testimony of his own witness, Yankuba (DW2).
Justice Mboob emphasised that because the victim was only 10 years old, the legal requirement of “coercive circumstances” was automatically met, as a child of that age cannot legally consent to sexual acts.
In passing the ten-year sentence, Justice Mboob acknowledged that while Kandeh was a first-time offender who showed some remorse, the severity of the crime against a vulnerable child required a firm response.
“Rape is a heinous offence, one that can irreparably damage a victim’s life, well-being, and family relationships,” Justice Mboob stated in the judgment.
The court also ordered the State to provide appropriate counselling services for the victim and her mother to assist in their recovery from the trauma.
