Justice NZ Mboob of the High Court
Justice N.Z. Mboob of the High Court has sentenced Samba Kandeh to a 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.
The prosecution established that the assault occurred in July 2022 in Latrikunda Sabiji. 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 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, a police officer (PW1) and the victim’s mother testified that, upon initial confrontation, the accused admitted to the act and pleaded for forgiveness.
While the defense, led by Counsel M. Barrow, argued that the case lacked physical evidence such as semen or visible injuries, Justice Mboob dismissed these claims. The court noted that:
• Medical Evidence: While a medical exam confirming the absence of a hymen is not definitive proof of rape in isolation, it served as a valid corroborative factor in this context.
• Legal Consent: Because the victim was 10 years old, “coercive circumstances” were established by law; a child of that age is legally incapable of providing consent.
• 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 her written judgment.
The court ordered the Gambian government to provide counseling services for both the victim and her mother to aid their recovery from the trauma.
Mr. Kandeh was informed of his right to appeal.
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