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and which evidence was corroborated by the unchallenged and un-contradicted evidence of the Medical
Doctor PW3 and her mother, PW4 of their findings on PW6s vagina, corroborate the evidence of PW6,
corroboration being no more than evidence that confirms, supports or strengthens other evidence
sought to be corroborated, citing the case of AHMED VS NIG. ARMY (2011) 1 NWLR (PT. 1277) 87. Such
corroborative evidence, he argued, needs not consist of direct evidence that the person committed the
offence nor a confirmation of the whole act so long as it corroborates the evidence in some respect
material to the charge, citing DAGAYYA VS THE STATE (2006) NWLR (PT. 980) 647.
She maintained that the evidence of PW6 was corroborated by that of PW3, and that the learned trial
Judge impartially analysed the evidence of PW3 and found that rape was not proved but found the
offence of gross indecency proved. Moreover, in sexual offences, learned Counsel contended,
corroboration is only a matter of practice and not a requirement of law, buttressing his submission with
the case of MUSA VS THE STATE (2013) LPELR-19932 (SC).
On the 2nd and 3rd ingredients, that the
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other person did not consent to the act or that the Appellant compelled that person by use of force or
threat to join him in the commission of the offence, learned Counsel submitted that by the proviso to
the Section, the Victim (PW6) a girl of 5 years of age is in law incapable of giving her consent to the
grossly indecent act done by the Appellant under whose care she was and to whom she was entrusted;
who enrolled her in school, takes her to and back from school to the house. The purport of the proviso
she argued, is to protect such vulnerable children put under the care of people like the Appellant from
being abused or violated and that the uncontradicted evidence that Appellant threatened to beat her if
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