The High Court, presided over by Justice Jaiteh, on Thursday, November 13th, 2025, convicted and sentenced Saikou Bah to twenty (20) years’ imprisonment for the rape of a five-year-old girl in Sinchu Alhagie.
Mr. Bah was charged with a single count of rape, contrary to Section 3(1) and (2)(d) of the Sexual Offences Act, 2013. The offense particulars alleged that on or about June 8, 2021, the accused intentionally and under coercive circumstances committed unlawful carnal knowledge of the young victim, whose name has been withheld.
The prosecution presented five witnesses and six documentary exhibits. Key evidence included:
- Victim’s Testimony (PW2): The victim, who was five years old at the time of the incident (and eight when testifying), appeared in camera and identified the accused. She detailed multiple instances where the accused allegedly undressed her and penetrated her vagina, after which he would give her D5.00 coins.
- Medical Evidence (PW5): Dr. Fatou M. Manneh, a Medical Officer, testified that her examination revealed a ruptured hymen and bruising around the vaginal opening (introitus). While she conceded that these injuries could result from non-sexual trauma, she affirmed they were also consistent with forceful sexual penetration. The Medical Report was admitted as Exhibit P6.
- Mother’s Account (PW1): The victim’s mother, Sally Jammeh, testified that her daughter reported the penetration. Upon examining the child, she observed what she believed to be sperm. She further maintained that the accused later sought forgiveness from her, reportedly stating he was only “pouring his sperm.”
Defence Counsel Ms. C. U. Uduma argued that the prosecution failed to prove its case beyond a reasonable doubt, citing the lack of corroboration for the victim’s account and the Medical Officer’s concession regarding the inconclusiveness of the injuries. She also moved to dismiss the mother’s testimony as hearsay.
In his judgment, Justice Jaiteh dismissed the defence arguments. He determined that the prosecution had successfully proven both essential elements of the offense.
- Coercive Circumstance: Justice Jaiteh held that the victim’s age of five years constituted a coercive circumstance, establishing that a child of such tender age cannot legally give consent.
- Credibility and Corroboration: The Court found the victim’s testimony regarding penetration to be credible and consistent. The medical evidence, specifically the finding of a ruptured hymen, was deemed conclusive proof of sexual penetration, effectively corroborating the victim’s statement.
The Court further found the accused’s denial and the corroborating testimony of his wife (DW2) to be inconsistent, uncorroborated, and lacking credibility. Consequently, Saikou Bah was found guilty of rape.
In his sentencing remarks, Justice Jaiteh emphasized the extreme seriousness and the “malicious, reckless, and morally reprehensible nature” of the offense, especially given the vulnerability of the child victim.
While noting that the maximum penalty of life imprisonment would ordinarily be appropriate, Justice Jaiteh considered the earnest plea for mercy submitted by Senior Counsel S. M. Tambadou, who appeared as amicus curiae (friend of the court).
Exercising discretion under the sentencing guidelines, Justice Jaiteh imposed a sentence of twenty (20) years’ imprisonment, to commence from the date of the convict’s initial custody.
Mr. Bah was reminded of his right to appeal against both the conviction and the sentence.