of age. Assuming without conceding that she had consented, the question then would be, could she have legally consented to sex? Emphatically, I say no. In any event, since the accused had threatened her with a knife that he would kill her should she refuse to undress, is in itself sufficient evidence to prove that she did not consent even if she could have legally done so. Again, I resolve issues 3 and 4 in favour of the prosecution as having proved beyond reasonable doubt that the act is unlawful and that the victim is under the age of sixteen years now amended to eighteen years of age and I so hold. Having resolved as above, I now proceed to issues 2, 5 and 6 formulated by the prosecution namely: Whether the act of carnal knowledge was by the accused person;  Whether the prosecution has proved its case beyond reasonable doubt; and  Whether the accused raised any defence? In order to resolve the issue as to whether the accused had carnal knowledge of the victim (PW 1), it is pertinent to look at the law on corroboration or otherwise to determine whether the evidence of PW 1 has or had in anyway been corroborated by the evidence of any of the witnesses. Section 179 of the Evidence Act, 1994 provides:“Corroboration consists of independent evidence from which a reasonable inference can be drawn which confirms and supports in some material particular the 16

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières