5
forcefully had sexual intercourse with me…” The accused denied this
in his evidence before the Court. However, by virtue of section 180 (2)
(a) of the Evidence Act it is mandatory for the evidence of the
prosecutrix to be corroborated in this direction. It is thus settled law
that in cases of a sexual character it is eminently desirable that the
evidence of the complainant be strengthened by other evidence
implicating the accused person in some material particular. Any
evidence tending to confirm, support and strengthen other evidence
sought to be corroborated would be sufficient for this purpose. See the
case of D.P.P V. KILBOURNE (1973) A.C. 729 @ 758. Also settled, is
that corroboration need not consist of direct evidence that the
accused person committed the offence, nor need it amount to a
confirmation of the whole account given by the witness, provided that
it corroborates the evidence in some respects material to the charge.
See the case of R. V. GOLDSTEIN (1914) 11 CAR 27.
I must say straight away that the issue of corroboration is of crucial
importance to a section 121 offence and that there are two issues to
be corroborated here; the act of sexual intercourse and the element of
consent or the lack of it. The best evidence of corroboration of sexual
intercourse is usually a report of the medical examination of the
victim. Exhibit “C”- the medical report of the prosecutrix corroborates
the fact of sexual intercourse when it states at column 5 thus “…
hymen broken… large deposit of semen was seen at the posterior
fornix…” This medical examination was conducted the following day
after the incident. The medical findings authoritatively controvert the