3
Section 80(2) of the Evidence Act requires corroborative evidence to
support the evidence of the prosecutrix. Such corroborative evidence must
show that there was sexual intercourse, that prosecutrix did consent, and
identify the accused as the perpetrator.
The injury recorded in exhibit “C” includes a deep vaginal wall tear that
required the prosecutrix to undergo surgery. This piece of evidence does
not only corroborate the evidence of the prosecutrix, but it also satisfies the
requirements of section 180 (2) (a) of the Evidence Act in that regard.By
virtue of her age, it is obvious that the prosecutrix could not, did not
consent.
In most criminal cases and indeed, as in this case, the crucial issue is not
ordinarily whether or not the offence was committed. More often than not,
the controversy is about who the perpetrator is. As far as the identity of the
perpetrator is concern, the law requires that the corroborating evidence
must not only confirm that an offence has been committed, but must also
point to the accused as the person who committed it(R v. BASKERVILLE
(1916) 2 KB 658 at 667).
It is necessary therefore,to find out if there is any evidence on record
corroborating the evidence of the prosecutrix that the act is that of the
accused. In addition to the identification by the prosecutrix, there is
evidence that the accused was traced by reference to his alias. There is
therefore strong circumstantial evidence pointing at the accused as the
perpetrator of the offence. From totality of evidence adduced I do not have