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In response to the allegations that the prosecutrix had many boyfriends
and that Bobo had agreed to have sex with her, she submitted that he was not
called to testify to that effect. She argued that the prosecutrix agreed that she
had a boyfriend but she denied having sex with him except with the appellant.
She submitted that this was corroborated by the medical report that indicated
an old hymenal tear at 3 o'clock which is consistent with the fact that she had
sexual intercourse two months before the examination was done.
Mrs. Kachaka argued that it is irrelevant to this charge that whether PWl
had sex with someone else or not because the charge is not about proving her
virginity. She said that it is about the fact that the appellant being a relative to
the prosecutrix had sex with her.
In response to the appellant's contention that the prosecution should
have called PWl's grandmother to corroborate her evidence, she agreed. She,
however, submitted that the record clearly indicates that the woman became
elusive to the extent that the prosecution found it difficult to secure her
attendance.
She further submitted that, however, PW3, who was told the
same thing by PWl, testified.
She further submitted that there are incidences in this case which provide
something more.
She referred to these as the noticeable decline in PWl's
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