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RESORT LTD (2002-2008) 1 GLR, 1), it is for this reason that I will believe
the evidence of the accused that there were plans in the village to frame
him up and this I shall hold as a fact. It is also for this reason that I will
attach little weight to the evidence of PW2. Even if, I were to believe the
evidence of PW2 that the accused locked the door with the prosecutrix
inside for long hours, there is no reason why he failed to raise an alarm
taking his subsequent interest in the matter, the age of the prosecutrix and
the fact that he suspected some wrong doing. These are additional reasons
why I will treat the evidence of PW2 with caution.
While the evidence of sexual inactiveness was not supported by any
medical report, the expert evidence in THE STATE v. SALIFU NJIE (supra)
confirms that the RVTH does not have the facilities to properly assess the
erectile function of a man.
The documentary evidence tendered by the prosecution contradicts the
testimony of the prosecutrix in an important way.
When I put together the entire evidence of the prosecution, and when I
consider the fact that there is no corroborating evidence direct or
circumstantial tending to support the testimony of the prosecutrix of an
unlawful carnal knowledge of her by the accused, and when I further
consider the fact that the accused gave unchallenged evidence of a plot in
the village to frame him up, a cloud of doubts besets my mind whether in
the circumstances of this case, the accused could be said to have raped the
prosecutrix. The net effect of the foregoing is that I have strong doubts in