6
requested the examining Doctor to pursue the matter further by
conducting further examinations on the prosecutrix and the accused with a
view to determine whether the same medical conditions were present in
the accused. Thus, there is no evidence linking or associating the abnormal
vagina discharge on the prosecutrix to the accused person.
I have equally looked at the medical report (exhibit “A1”) carefully and the
medical findings recorded in columns 5, 6 and 8 respectively reads thus
“No injuries found”, “None” and “No Injury found”. The combined effect
of exhibits A-A1 is that there is no medical evidence of any recent sexual
intercourse or struggle or any injury whatsoever on the prosecutrix.
Not having seen any medical evidence of any injury to the private part or
any other part of the body of the prosecutrix in support of the alleged force
or struggle that was allegedly used to commit the alleged offence, and not
having seen any medical evidence in support of any recent sexual
intercourse on the prosecutrix, I reach the conclusion that there is no
corroborating evidence, direct or circumstantial in support of the allege
rape of the prosecutrix by the accused and this I shall hold as a fact.
In addition, the accused persistently denied the allegations against him.
Apart from informing the Court of his sexual inactiveness, the accused also
testified of a scheme in village to get rid of him. The evidence of a design to
frame him up in the village was never challenged by the prosecution. It is
the law that unchallenged and uncontroverted evidence must be regarded
as establishing the facts therein (ANTOINE BANNA v. OCEAN VIEW