4
it corroborates the evidence in some respects material to the charge.
See the case of R. V. GOLDSTEIN (1914) 11 CAR 27.
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 in sexual offence cases, where
the accused has denied the allegation, 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 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.
Although PW3 the mother of the victim testified how she examined the
prosecutrix and found that she had been sexually assaulted, there is
no medical evidence in support of this fact.
The issue of corroboration is central to a Section 127 offence. The
medical report of the prosecutrix to support the allegation of sexual
assault was rejected by this Court. I have warned myself of the severe
punishment of fourteen (14) years associated with this offence and, it
immediately seems to me that oral evidence as to the medical
condition of the prosecutrix does not suffice.
The
available
evidence
on
record
therefore
falls
short
of
the
mandatory requirements of Sections 180 (2) (a) and 185 (2) of the
Evidence Act. The issue of carnal knowledge has in my view not been
established with the certainty required by law. In view of this finding,
I will not belabor myself with trying to address the other issues. Doing