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(D.P.P V. KILBOURNE (1973) A.C. 729 @ 758). It is also settled law that
corroboration need not consist of direct evidence that the accused
person committed the offence, nor need it amount to a confirmation of
the whole account given by the witness, provided that it corroborates
the evidence in some respects material to the charge (R. V.
GOLDSTEIN (1914) 11 CAR 27).
The evidence of the prosecutrix in sexual offence cases could be
corroborated by either direct positive evidence of eye witnesses or by
circumstantial evidence (Archbold’s Criminal Pleadings and Practice,
39th Edition paragraph 1141). Apart from PW2 and PW3 who each
testified that the accused had sexual intercourse with them at the
same time, there is no evidence of any eye witness who said he saw
the accused sexually assault them. The accused has also denied the
allegations. In the circumstance the Court will resort to circumstantial
evidence. I must immediately state that there are two issues to be
corroborated here; the act of sexual intercourse and the element of
consent or the lack of it.
Some of the circumstances that could readily infer the commission of
rape, could include amongst others, (a) the denials of the accused, (b)
the last opportunity the accused had to commit the offence, (c)
medical evidence of the examination of the prosecutrix confirming the
allegation of recent forcible coitus and (d) the existence of recent
semen in the vagina of the prosecutrix directly traced or traceable to
the accused see (OGUNBAYO V. THE STATE (2007) 8 NWLR (Pt. 1035).