By: Dawda M. Jallow
Justice N.Z. Mboob of the High Court has sentenced one Samba Kandeh to ten-year prison term following his conviction for the rape of a 10-year-old girl.
The ruling leaned heavily on the consistent testimony of the minor and significant corroborative evidence presented by the prosecution.
According to the prosecution, the incident occurred in July 2022 in Latrikunda Sabiji. A Key testimony was provided by the victim’s mother (PW2), who recounted discovering the accused in a semi-nude state in a room with her daughter.
The victim provided a detailed account under oath, describing two distinct incidents. She testified that Kandeh the accused had previously assaulted her and threatened her life to ensure her silence. The second attempt was interrupted by her mother’s arrival. The court found her descriptions of physical pain and bleeding to be credible indicators of penetration.
Furthermore, the prosecution witness a police officer (PW1) and the victim’s mother testified that, upon initial confrontation, the accused admitted to the act and asked for forgiveness.
The defense, led by Counsel M. Barrow, argued that the case lacked physical evidence such as semen or visible injuries, the presiding Judge, Justice Mboob however dismissed those claims.
The court noted that according to the medical evidence, while a medical exam confirming the absence of a hymen was not definitive proof of rape in isolation, it served as a valid corroborative factor in that context.
It also held that regarding legal consent, because the victim was 10 years old, “coercive circumstances” were established by law; a child of that age was legally incapable of providing consent.
In terms of credibility, the judge described Kandeh’s courtroom denial as “materially contradictory” when compared to his prior police statements and the testimony of his own defense witness, Yankuba (DW2).
In delivering the ten-year-sentence, Justice Mboob acknowledged Kandeh’s status as a first-time offender and his expressed remorse. However, the Justice emphasized that the gravity of the crime outweighed these mitigating factors.
“Rape is a heinous offence, one that can irreparably damage a victim’s life, well-being, and family relationships,” Justice Mboob stated in delivering judgment.
The court further ordered the Gambian government to provide counselling services for both the victim and her mother to aid their recovery from the trauma.
The convict Samba Kandeh was informed of his right to appeal against the ruling.
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