- Visible posternal vaginal wall distosted posteration.
- Vaginal fouchette hynienal Nothes at 3 and 9 o’clock are
suggestive of blunt vaginal penetration.
- Anal examination
- Moderation redish anal sphingeric tove laceration at 7
o’clock are suggestive of blunt and penetration.
Both Exhibits A and B indicate that there was vaginal orifice (opening)
both the vagina and the anus has been penetrated, undoubtedly these
findings of the medical doctor upon examination of the victims soon
after the commission of the offence, are consistent with and support
the evidence of PW4 and Pw5 and in law constitute corroboration.
As held per JSC in ISA V. KANO STATE {supra} the extent of
penetration no matter how slight will serve sufficient proof penetration
with or without emission, is sufficient even where the hymen is not
rupture.
Again it was submitted by the defence counsel that the said Exhibits A
and B were improperly admitted. On the tendering of the medical
reports by one of the IPOs who investigated the case and not the maker
of the medical report as a witness, it is not the law that in every rape
case the maker of the medical report must be person in court to give
evidence, the need of the maker of the medical report to be called as a
witness to give evidence arises only when the defendant disagrees with
the report or where it appears desirable to court for the ends of justice
to call the medical officer to give evidence in person, there was his such
disagreement with the contents of the medical reports. By section 55
(3) of Evidence Act 2011 as amended either party to the proceeding
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