The PW5 also stated that prior to the daughter’s presentation in
the morning of 12/5/2014, the accused person came to the
hospital telling her that he had body pain and he was weak. The
PW5 then examined him and discovered that he has hernia; they
took the blood sample of the accused for test and the result was
negative. She wrote medical reports dated 22/5/14 and 19/5/14
which were admitted in evidence as Exhibits B and C respectively.
Under cross-examination, PW5 stated that the victim told her that
she had sex for the first time about 2 years before the
presentation.
The PW5 further stated that her finding in reported sexual assault
was based on history but supported by the fact that her hymen
was absent; that no one can trace the person who broke the
hymen of a woman through examination.
The witness stated that from her virginal examination, the sexual
assault was not traced to the accused but through history; that
from the report the victim has one year history of sexual assault by
her father.
The PW5 also stated that she examined the accused in respect of
the sexual assault and she took his blood sample and the result of
the tests is in the holder. She is available to relate her finding on
the accused to the assault.
PW5 further stated that the findings she had from the accused
and the victim in respect of the blood test did not correlate; she
did not see any semen on the girl, her findings is based on the
history of the victim.
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