both standing facing each other. The accused person attempted to give me some
money but I refused to accept. I brought the accused and the victim out, by which
time people have gathered. They asked the accused whether he had sex with the
girl, and he said yes."
Pw5 the Medical Doctor in his testimony also said:"When we examined the vagina (sic) of the girl the main covering was found to be
incompletely broken in the centre. Our conclusion is that the victim was raped."
It is imperative to state that the evidence of Pw1 is sworn on oath. The record
shows that the learned trial judge conducted proper investigations on the
prosecutrix ( a minor) before allowing her to give evidence on oath after finding
her intelligent enough to understand the proceedings and also appreciating the
implication of oath taking. It is noteworthy to restate that the prosecutrix, who
was raped at the age of nine years, gave evidence at the time she was twelve
years of age. Evidence is borne out to that effect on the record and which was
unchallenged.
In this appeal, the appellant's major grouse challenges the absence of
corroboration on the evidence by PW1. In other words, that assuming (without
conceding) that penetration was proved, the evidence of PW1 linking him
appellant) to the crime has not been corroborated. The law is trite and well
settled that Pw1, though a minor needed no corroboration of her evidence which
was sworn on oath. See again the case of Ogunbayo v. The State (supra) where it
was held that a sworn evidence of a minor requires no corroboration.
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