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deduced from circumstantial evidence which, could include amongst
others, (a) the denials of the accused, (b) the last opportunity the
accused had to commit the offence, (c) medical evidence of the
examination of the prosecutrix confirming the allegation of recent
forcible coitus and (d) the existence of recent semen in the vagina of
the prosecutrix directly traced or traceable to the accused. In POSU V.
THE STATE (2011) LPELR-SC. 134/2010 the Court held that the nature
of corroboration must depend on the particular circumstances of each
case and that where an accused person has denied the allegation of
rape, the evidence of corroboration that the Court must look for, is for
instance (a) medical evidence showing injury to the private part or to
other parts of her body which may have been occasioned in a struggle,
and (b) semen stains on her clothes or the clothes of the accused
person on the place where the offence is alleged to have been
committed.
As far as this offence is concerned I must be quick to add that there
are two issues to be corroborated here; the act of sexual intercourse
and the element of consent or the lack of it.
With regards to the issue of sexual intercourse exhibit “D” the medical
certificate
of
the
prosecutrix
confirms
that
there
was
sexual
intercourse within the last two to three days. This to my mind is
enough corroboration of the act of sexual intercourse.
It now seems to me that under the peculiar circumstances of this case
where the accused had kidnapped the prosecutrix, it cannot be
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