ruptured. It shall not be necessary to prove the completion of the
intercourse by an emission of seed, but the intercourse shall be
deemed to complete upon prove of penetration only. That prove
had been established by the medical certificate and I so believe it
as being authentic and conclusive prove of the carnal knowledge of
PW 1.
However, I would also look beyond to see what the other witnesses
say about the carnal knowledge.
PW 1, the victim testified that the accused undressed her whilst he
held a knife in his hand and took off his own clothes, covered her
mouth and thereafter climbed on top of her. He thereafter inserted
his private part into hers.
PW 3 Maget Faal in her testimony stated that on account of her
daughter’s complaint of virginal pains and persistent cries, she
asked her guest to check the daughter for her and on checking, the
guest said that somebody had sex with her.
On account of the foregoing, I therefore resolve issue 1 in favour
of the prosecution and I so hold that based on the medical
evidence, there was carnal knowledge or penetration which
resulted to fresh bruised hymeneal tear of PW 1’s virgina.
I now proceed to issues 3 and 4 and ask whether the act was
unlawful and that the victim is indeed under the age of sixteen
years of age.
PW 3 Maget Faal testified that her daughter was born on March 1,
1992 and that she applied for the daughter’s birth certificate in
April 1994. The birth certificate was admitted in evidence without
objection and marked Exhibit 2. It is therefore correct and
indisputable that as at the date of the offence, the victim was ten
years old or thereabout and certainly below the age of sixteen years
15
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