admission, in exhibit “A” is, in my view, the best means of corroborating
the act of sexual intercourse alleged by the prosecutrix. I see the later
retraction of the accused when he testified on oath as an afterthought.
From the foregoing I am satisfied that the accused had sexual intercourse
with the prosecutrix and this I shall hold as a fact.
The lone issue which must now be resolved is whether the prosecutrix
consented to the act of sexual intercourse. To demonstrate that the act was
not consensual, PW2 gave evidence of how her mouth was tied with a head
band and how her clothes were stained with blood following the act. PW1
sought to support this evidence by stating that she saw blood dripping
from the genital organ of the prosecutrix and found her clothes stained
with blood. These pieces of evidence were badly damaged, by exhibit “B”
and the evidence of PW4. In exhibit “B” Dr. Secka who examined the
prosecutrix within hours of the alleged rape stated as follows: “(1) hymen is
absent, (2) no recent injuries (3) whitish vaginal discharge seen”. Under
cross examination, he admitted that the rupture of the hymen was not a
recent act and that the whitish vaginal discharge was a normal female
occurrence. From the evidence of PW4, I find as a fact that the hymen of the
prosecutrix was not broken on that day. The evidence of blood dripping
from the female genital organ of the prosecutrix and blood stains on her
clothes seems to me to be an exaggeration or a mere figment of
imagination. From my analyses of these pieces of evidence, I am satisfied
that the sexual intercourse was consensual and this I shall hold as a fact.
5