The issue under consideration deals with the question put by the learned trial
judge to the witness Pw1 and which situation is not the same as in the case of
Karim, cited by the appellant's counsel (supra) where it was held that the trial
Court went on a voyage of discovery in the examination of the prosecution and
the defence witnesses.
To the contrary, the case at hand, the single question put by the trial Court did
not in the circumstance occasion any miscarriage of justice. For all intents and
purposes, even if the singular question and answer were to be discarded, the case
of the prosecution would still remain intact as there is enough evidence upon
which to convict the
accused/appellant. The question and answer session in contention between the
Court and Pw1 went as follows:-''Court to Pw1: What made you to shout
attracted (sic) the person who came to your aid
Witness (Pw1): (sic) I shouted because of the penis (sic) penetration."
For purpose of comparison also, I wish to make reference to the testimony of
PW1 in chief wherein she said affirmatively as follows on her ordeal from the
appellant.
"He also removed his trouser, and he put his penis into my vagina, I then shouted,
and someone came to my aid........"
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