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I have carefully looked at Section 127 (1) of the Criminal Code, and it
appears to me that the prosecution is required to establish that:
(a) There was carnal knowledge of a girl,
(b) The act was unlawful,
(c) The girl was under the age of eighteen years, and
(d) The act was that of the accused person.
The law allows the prosecution to establish the above either by direct
positive evidence of eye witnesses or by circumstantial evidence.
From the evidence on record, there is no evidence of any eye witness
who said he saw the accused sexually assault the prosecutrix. The
accused has also denied the allegations.
The evidence of the prosecutrix is categorical to the fact that the
accused sexually assaulted her. However, Section 180 (2) (a) and the
proviso to Section 185 (2) of the Evidence Act make it mandatory for
the evidence of the prosecutrix to be corroborated. It is good law that
in cases of a sexual character it is eminently desirable that the
evidence of the complainant be strengthened by other evidence
implicating the accused person in some material particular. Any
evidence tending to confirm, support and strengthen other evidence
sought to be corroborated would be sufficient for this purpose. See the
case of D.P.P V. KILBOURNE (1973) A.C. 729 @ 758. Also settled, is
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