outside the confession to the police, some other evidence, no matter
how slight of the circumstances which make it probable that the
confession was true (ULUEBEKA v. THE STATE (2000) 7 NWLR (Pt.
665) 404; IDOWU v. THE STATE (2000) 12 NWLR (Pt. 680) 48).
I shall therefore seek corroboration to the confessional statements
before I can reach any conclusion on the guilt or otherwise of the
accused. The corroborative evidence will help the Court to determine
the weight to be attached to the confessional statements (R. v. SYKES
(1913) 8 CR. APP. R. 233).
On the evidence, I found as a fact that upon medical examination of the
prosecutrix on the 10 of August 2011; the day of the alleged rape
FATOU TOURAY presented with a tear on the pineal area of the
vagina. This examination was conducted upon the complaint of
prosecutrix to her mother that the accused had „touched‟ her on that
spot. Although the medical report shows that the hymen was intact,
the examining officer testified before this court that the injury on the
prosecutrix was indicative of penetration. The important and essential
ingredient of the offence of rape is penetration. Sexual intercourse is
deemed complete upon proof of penetration of the penis into the
vagina. The slightest penetration will be sufficient to constitute the act
of sexual intercourse. Thus, where penetration is proved but not of
such a depth as to injure the hymen, it will be sufficient to constitute
the crime of rape. Proof of the rupture of the hymen is unnecessary to
establish the offence of rape (OGUNBAYO v. THE STATE (2007) 8
NWLR 157). The vagina injury on the prosecutrix is therefore sufficient
7