Also evidence of PW4 is quite telling being a medical doctor attached
to Nana Khadija medical Centre, who had the opportunity of
interviewing the victim after the alleged rape of PW4, he testified that
he examined the victim and his findings showed that she was raped,
this is equally contained in the medical report tendered in by the
prosecution admitted and marked as exhibit B.
Although it is the contention of the learned defence counsel that the
name of the defendant appears on the exhibit B happens to be one
Wadata Sahabi but what is important here is that the victim was able
to identify the defendant and the content of exhibit B reveals that
Maryam the victim to be limping having difficulty in walking on
examination of the genetals there was tears at 2 and 11 o’clock,
obliteration that is obstruction of the hiemen and the anus reveals
normal findings the conclusion of the findings reveals suggestive
penetration of vagina, also the medical report exhibit B contained the
name of the defendant it was held in POSU V THE STATE (2011) 3
NWLR (pt 1234) 393 that the most important and essential ingredient
of the offence of rape is penetration and that the court will deem that
sexual intercourse is complete upon proof of penetration of the penis
into the vagina.
- Ogunbayo V. State (2007) 8 NWLR (pt 1035).
- Isa V. The State (2016) LPELR – 40011 (SC).
As required by subsection 3 of section 209 of the Evidence Act 2011,
the evidence of PW4 as earlier quoted above in this judgment was
subsequently corroborated by the confessional statement of the
defendant admitted in evidence and marked as exhibit A and A1 for
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