6. Whether the accused raised a defence.
On ISSUE 1, whether there was carnal knowledge, the prosecution
submits that PW 2 Mariama Manga Jallow a police woman
stationed at Bakau Police station testified that she was instructed to
escort PW1 to the Bakau Health Centre and thereafter to the Royal
Victoria Teaching Hospital (RVTH) where she was examined by a
doctor in her presence. A few days later, she returned to the RVTH
and collected the medical certificate which was issued on behalf of
PW1. The said certificate was tendered and admitted in evidence
through her and marked Exhibit N0. 1.
She further submitted that exhibit 1 clearly indicated that there was
penetration resulting to fresh bruised hymeneal tear of PW 1’s
virgina which infact confirms the carnal knowledge of PW 1.
The Defence Counsel in her reply merely narrated almost the same
as the prosecution. She did not deny or challenge the content of
Exhibit 1.
One cannot find a better evidence on the issue of penetration or
carnal knowledge of PW 1 than the medical evidence.
In the Privy Council case of JAMES V. R from Jamaica (1970)
55 Cr App. R 299 on a charge of rape, it was held that the medical
evidence showing that the complainant had had sexual intercourse
at about a time consistent with her allegation was incapable of
affording corroboration of her evidence of the rape, because it did
not confirm anymore than an act of sexual intercourse.
It is clear from this authority that the medical evidence exhibit 1
did confirm that there was an act of sexual intercourse or in other
words, there was an act of carnal knowledge of PW 1. Extending
the issue a little further, it can be said that the slightest penetration
will suffice and it is not necessary to prove that the hymen was
14
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