PW5 tendered Exhibit C, Medical Report dated 19/5/14. The paragraph in the said Exhibit C is reproduced as follows: “...Vaginal Examination, nil bruises, nil blood stains whitish foul smelling discharge around the introituses. Hymen not intact, perineal region clean. She was zero negative to HBsAg, HIV 1 and II and UDRL, A High vaginal swab was done and she was placed on Appropriate Antibiotics. Assailant has not yet been evaluated. From the History taking and above findings there is a suspicion of repeated sexual assault” I do not think Exhibit C it is helpful to the case of the prosecution since its outcome was a mere suspicion of repeated sexual assault. Now under cross-examination, PW5 stated that her finding in the reported sexual assault was based on history. It is pertinent to state that the taking of history in this regard is based on whatever the patient reveals not what was scientifically proven or collection of evidence. Under cross-examination, PW5 testified that Exhibit B is the report in respect of the accused in relation to another matter. In that regard I hold that Exhibit B is irrelevant to this case. PW5 further stated that she examined the accused in respect of the sexual assault and took his blood sample and the result of the test is in the holder; that she is available to relate her findings on the accused to the assault. One begin to wonder whether it will take eternity for the said result to be out or may the PW5 intends to 27

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