the age of 14 years when the criminal act was committed is not contradicted and
therefore deemed admitted on the authority of the case of Ukegbu V. I.G.P.
(2003) MJSC Page 13 at 19.
The third Ingredient is the proof that the woman or victim in question is not the
wife of the accused person. On a graphic analysis of the evidence by the appellant
as Dw1, it is a confirmed fact that his testimony under cross examination at page
21 of the record is not contradicted that Pw1 is not his wife.
The last Ingredient to prove has to do with the question of penetration which had
been proved scientifically through the the evidence of Pw5, the Medical Doctor
whose portion of his testimony reads thus:- ''The main covering of the hymen was
found to be broken incompletely in its centre. Between the incompletely broken
hymen and the surrounding skin, a small discharge was seen. Our conclusion was
that rape was committed."
Under cross examination by the defence, Pw5 maintained thus: ''In this case the
hymen was incompletely broken which suggest partial penetration."
By virtue of the provision of Section 27(a) of the Evidence Act, a confession, if
made voluntary is deemed to be relevant fact as against the person who made it.
The law is well settled also that for a confession to amount to an admission of
guilt, it must be positive, direct and unequivocal as to the commission of the
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