PW2 was never challenged at all. The accused never reported the
matter or the missing phone to the police as he should by law do. The
phone was only recovered from the accused after his arrest. When I
put these facts together they form a perfect jigsaw which unshakingly
points to the determination of the accused to retain exhibit “A”. These
pieces of evidence though circumstantial in nature are nevertheless
compelling, cogent and unequivocal and glaringly establish the fact
that the accused intended to permanently deprive the prosecutrix of
her phone (exhibit “A”) and this I shall hold as a fact. The first element
of section 272 of the Criminal Code has therefore been established by
the prosecution with the certainty required by law.
On the issue of violence; I must say straight away that apart from the
fact that the accused himself testified of how he gave the prosecutrix
some blows with his fist, the prosecutrix herself led strong evidence; in
an electrifying manner which graphically visualized the manner in
which she was assaulted by the accused. She was threatened and
beaten several times on her face by the accused. When she was very
weak to resist the accused, she was taken to an isolated spot where she
was forced into the back seat of the car and ravished by the accused. I
watched the prosecutrix broke down into tears and she narrated this
crucial part of her ordeal to the full glare of the court. These were
certainly no crocodile tears. Furthermore the accused himself testified
that exhibit “A” was recovered from the back seat of his car. He had
held unto the dress of the prosecutrix to force her back into the car as
she wanted to escape. The prosecutrix also held his hands and the
steering wheel. All these pieces of evidence positioned the prosecutrix
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