The PW3 failed to mention the names of her two brothers that
came knocking; she also failed to mention the names of the two
neighbours that were gisting and heard her crying and shouting.
Assuming but not conceding that the PW4 was one of the
neighbours that heard her crying and shouting, the PW4 under
cross-examination stated thus:
“I didn’t hear any noise from the room”
The PW3 under cross-examination stated that she was living with
her father, step mother and 4 other children in a single room and
the father used to have sex with her in the night; one wonders
how possible, for a family of six who live in a single room
apartment for the father to have been making advances and
sleeping with his own daughter in the night in the same one room
apartment or other time without being caught from other siblings
or the step mother; the entire circumstances raise serious doubts.
It is also pertinent to note that PW4 (Mrs. Margret Joseph) who
testified that she saw the accused person’s son knocking on their
door never made mention of PW2. PW4 testified in court that she
was the one who saw the accused’s son DW3 knocking at their
door and she was there when the door was opened.
From the testimonies of PW1, PW4 and PW2, it is clear that the
testimonies are contradicting.
It is clear from the evidence of PW3, PW4 and DW3 they all made
written statements at the police station; however the prosecution
failed to produce or tendered these statements in evidence.
I
am of the view that the failure of the prosecution to produce or
tender the written statements of the PW3, PW4 and DW3 is fatal to
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