(1) Whether the prosecutrix was raped by the accused having regard to
the position of the law on corroboration?
(2) Whether the prosecution has proved the charge of rape against the
accused beyond reasonable doubts?
In support of the first issues, learned defence counsel referred the Court to
a plethora of authorities both case law and statutory. In particular, counsel
referred the Court to the case of POSU v. THE STATE (2011) LPELR,
OKEYAMOR v. THE STATE (2005) INCC, 499 and Section 180 (2) of the
Evidence Act to argue that corroboration is not only statutorily required for
a Section 121 offence, but also that the prosecution must prove that the
accused had contemptuous sex with the prosecutrix. She submitted that if
anything, exhibit “A” has established that the sexual intercourse was
consensual. Learned Defence counsel further referred the Court to the
English cases of DPP v. KILBOURNE (1973) AC 729 @ 746, and DPP v.
HERTER (1973) AC 296 to contend that the need for corroboration will only
arise if the evidence which should be corroborated appears credible and
capable of believe. In this regard counsel submitted that the evidence of
PW1 and PW2 on the alleged forcible coitus of the prosecutrix by the
accused cannot be believed in light of the evidence of PW4. It is for this
reason that counsel urged the Court to rely on the reasoning in the case of
BOJANG v. THE STATE (1997-2001) GLR, 98 to discharge and acquit the
accused person.
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