In further submission, the learned counsel for the appellant, opposed vehemently
the evidence of PW1 on the ground that it was never corroborated by anything or
by any witness; that while PW5 did not link the appellant to the offence, PW2
only saw appellant's trousers at his knee level. The counsel concluded on PW3's
evidence as hearsay and that whereas, PW4 who took the Hausa version of
appellant's statement never produced it in Court but tendered exhibit 'B' while
PW6 tendered exhibit 'C'; that the pieces of evidence adduced by the prosecution
are not corroborative of each other within the meaning of Section 178(5) of the
Evidence Act. Counsel urged that the issue should be resolved in favour of the
appellant.
Submitting in response and on behalf of the respondent, the learned counsel Mr.
Daneji re-iterates as proved that appellant is not disputing that the victim (Pw1)
was raped; rather that the fact of partial penetration leaves to question the
appellant's link to the commission of the crime Counsel relates to exhibit 'A', the
medical report which he submits shows clearly that with the breaking of the
hymen, the evidence and surrounding circumstances all point to the fact that the
appellant and nobody else was responsible. Copious reference was made to the
testimonies of PW1 and PW2; that contrary to the argument on behalf of the
appellant, the whitish discharge is not the only reason linking him (appellant) with
the partial penetration but that there is sufficient corroborative circumstantial
evidence that makes him culpable; that the two cases of Okoyomon v. State
(1973) 1 SC 21 (1973) 1 NMLR 292, 296 297 per Elias CJN and Jos N.A. Police V.
Allah Na Gani (1968) NMLR 8 were quoted out of context and do not support the
case of the appellant as each case is to be determined on its own peculiar
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