sexual intercourse. This argument could not persuade me. The
prosecutrix testified that at the time she was thrown into the back seat
of the car, she had become so weak that she could not put up any
resistance to the accused. The absence of injuries in her private part, in
my view, indicates that there was no resistance from the prosecutrix
and the accused had little or no difficulties in penetrating her.
The prosecutrix was 20 years old at the time of the incident and I am
satisfied that she knew what sexual intercourse meant at that time. She
was very consistent and steadfast and it was easy to visualize from her
testimony a true picture of how the accused ravished her sexually. I
observed the demeanor and the manner in which the prosecutrix gave
her evidence; she broke down in tears when she gave evidence of how
the accused penetrated her. I believe upon the evidence of the
prosecutrix that she was ravished by the accused after having been
thrown into the back seat of the car.
In addition, to the above, the prosecutrix informed PW4 on the very
day of the incident of the ordeal she had gone through in the hands of
the cab driver (accused). She was taken to the hospital by PW4 and was
medically examined at about 2 am. The hymen was missing and she
presented with some whitish vaginal discharge. Medical jurisprudence
indicates that such discharges could be normal or abnormal. In the
instant case, there was unchallenged oral evidence from the
prosecutrix that the vaginal discharge necessitated an HIV test on her,
suggesting it was an abnormal discharge, resulting from the sexual
encounter. The accused himself gave evidence that he abandoned the
11
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