statement to her and Mama Rachael and Mama Chidinma was not around when the accused son was knocking at the door. It should be noted that PW3 did not testify that she was confronted by PW4 on the 9/5/14. The question that agitated the mind would be, was PW4 amongst the two neighbours that sat in front of PW3 door and heard her crying and shouting?. I do not think so going by PW4’s evidence in court, because PW4 under cross-examinatio0n had testified that she did not walk close to the room and she did not hear anything like noise; moreso, PW3 did not say that anyone confronted her on the 9/5/14 but that is was the next day that two of her neighbours confronted her. It is without doubt that the testimony of PW4 materially contradicts the testimonies of other witnesses and leaves room for doubt. The PW5 Dr. Nwoye Lawrence Welle in her testimony stated that she took the history of PW3 and did physical and vagina examination. The first thing she noticed was that PW3 underwear was stained with discharge and this discharge can also be seen in the virgina. It should also be noted that the prosecution thought it wise not to produce or tender the said underwear in evidence. What a prosecution indeed. PW5 further testified that from her examination of the vagina there was no forceful penetration, no bruises no blood stain but the hymen was vividly absent. She stated that she asked the PW3 if she had sexual intercourse with someone else but PW3 said her father was the only person that has ever had sex 26 with her.

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