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denials of the accused. I will rely on this piece of evidence as there is
nothing on record to urge me to do otherwise. I am therefore satisfied
that there was sexual intercourse between the accused and the
prosecutrix and this I shall hold as a fact.
The crux of this matter now lies in the determination of the second
issue; the element of consent or the lack of it. While the accused
person has alleged in exhibit “A” that he did not do the act at all, the
prosecutrix has contended that the accused did but also that he did so
forcibly. In POSU V. THE STATE (2011) LPELR-SC. 134/2010), the Court
held that the nature of corroboration must depend on the particular
circumstances of each case and that where an accused person has
denied the allegation of rape, 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.
Exhibit “C” does not reveal that the prosecutrix sustained such
injuries as could infer forcible coitus. The inference is that the sexual
intercourse was not forcible. Having already held that it was the
prosecutrix who visited the accused and having also held that the
prosecutrix had refused to leave the accused person’s house when he