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amongst others, evidence of (a) the denials of the accused, (b) the last
opportunity the accused had to commit the offence, (c) medical evidence of
the examination of the prosecutrix confirming the allegation of recent
forcible coitus and (d) the existence of recent semen in the vagina of the
prosecutrix directly traced or traceable to the accused (OGUNBAYO v.
THE STATE (2007) 8 NWLR (Pt. 1035). It is settled that where an accused
person has denied the allegation of rape, as in this case, the evidence of
corroboration that the Court must look for, is for instance (a) medical
evidence showing injury to the private part or to other parts of her body
which may have been occasioned in a struggle, and (b) semen stains on her
clothes or the clothes of the accused person on the place where the offence
is alleged to have been committed (POSU v. THE STATE (2011) LPELR-SC.
134/2010).
If the accused used such force on the prosecutrix as she has alleged, that
force would have normally left some traces of bruises. The alleged rape is
believed to have taken place on the 31 of May 2011 and the prosecutrix was
examined the very next day 1 June 2011. I have looked at the treatment
card (exhibit “A”) carefully and observed the diagnosis thereon as
“Abnormal vagina discharge. No sign of penetrating sexual intercourse or
struggle”. My understanding of the above diagnosis is that the abnormal
vagina discharge was not as a result of any recent sexual activity.
Furthermore, the fact that the prosecutrix presented with an abnormal
vagina discharge was suggestive of the fact that she could be suffering
from some form of sexually transmitted disease. The police ought to have