By: Isatou Sarr
The Bundung High Court on Tuesday handed down life imprisonment to one Mbye Manneh after finding him guilty of raping his 14-year-old niece.
The court heard that at the time of the offence, the girl was being under his care and authority as an uncle and father figure.
As part of the trial, the accused pleaded not guilty to the charge, thereby placing upon the prosecution the burden of proving its case beyond reasonable doubt. In discharge of that burden, the prosecution called four (4) witnesses and tendered exhibits in support of its case. The accused person testified as the sole witness in his defence.
The victim, a 15-year-old student, testified in camera and stated that the accused person, whom she identified as her uncle and a father figure who had been responsible for her upkeep, raped her. She stated that on the day of the incident, at about 5:00 p.m., after returning from school and washing her uniform, the accused called her to his room under the pretext of giving her a shirt to wash.
Upon her arrival at the doorway, he pulled her inside, pushed her onto the bed, covered her face and mouth with a towel, removed her underwear and had sexual intercourse with her. She testified that she cried out in pain, stating “Papa Mbye, it is painful, it is painful” but the accused restrained her and warned her not to disclose the incident, threatening that she would die if she did.
The victim further testified that she did not immediately report the incident out of fear. She later went to her grandmother’s house, where, after noticing her discomfort and physical condition, her grandmother questioned her, and she eventually disclosed what had happened. The matter was subsequently reported to her family and she was taken to the hospital where she was examined and informed that penetration had occurred. Thereafter, the case was reported to the police, where she made a statement.
She stated that at the time of the incident, no one else was at home, as her mother and other family members were out selling, and her father was at work. She also testified that the incident has had a negative impact on her, as it became widely known in the community, leading to people discussing it whenever she passed, which made her feel bad. She further stated that she no longer wished to enter her father’s compound due to the distress caused by the incident.
The accused person (Mbye Manneh) testifies as DW1 and states that he is a contractor and knows the victim, who is his cousin’s daughter. He explained that his father and the victim’s father are from the same mother, and he has lived in the same compound with the victim’s family, where he acted in a position akin to a paternal figure. He denied the allegation of rape in its entirety. He testified that following the allegation the victim’s grandmother demanded the sum of D25,000.00, from him purportedly for the treatment of the victim, which he refused to pay on the basis that he had done nothing wrong.
He further stated that he was subsequently arrested at his workplace at Brusubi Turntable while on his way to the mosque for prayers, taken to the police station, and detained. He alleged that he was later informed of the rape allegation at the police station and denied it. He also stated that he was shown an account of the allegation that the victim had made against him, which he also denied, and maintained that he did not commit the offence.
The accused testified that he was asked to thumbprint a document by the police, which he did upon being told it was his statement. He stated that he was held in custody from Monday to Thursday before being transferred to Wellingara Police Station, where he remained until the matter was mentioned in the Magistrates Court and subsequently transferred to the High Court. He maintained his innocence throughout and asserted that he did not give any money to the complainant or her family.
Delivering the ruling on 5th May 2026, Justice I. Janneh, of Bundung High Court, said the offence fell under Section 4(1) (a) (iii) (cc) of the Sexual Offences Act, 2013, which prescribed mandatory life imprisonment where the victim was under 18 and the offender occupied a position of trust or authority.
The court heard that the offence involved coercion and threats and occurred within the home environment. Justice Janneh, further noted that the victim suffered emotional trauma and social stigma.
During mitigation, defence counsel urged the court to exercise leniency, arguing that the convict was a first-time offender, a family man, and the breadwinner of his household. The defence also submitted that the convict was remorseful and cited previous cases involving sentencing considerations for first-time offenders.
However, the prosecution argued that the offence was grave and involved the abuse of trust against a minor. State prosecutors urged the court to impose a sentence reflecting the seriousness of the offence and serving as a as a deterrent.
Justice Janneh, ruled that, the aggravating factors outweighed the mitigating factors. The court identified the victim’s age, abuse of trust, coercion, threats, and the fact that the offence occurred within the home environment as major aggravating circumstances. The judge also noted the emotional trauma and social stigma suffered by the victim.
The court further held that the mitigating factors did not amount to substantial and compelling circumstances capable of justifying a departure from the mandatory sentence prescribed by law.
Justice Janneh stated that the sentence was intended to reflect the seriousness of the offence, protect vulnerable persons, and deter sexual violence, particularly within family settings.
The convict was then informed of his right to appeal against both the conviction and sentence.