Furthermore, the medical report of Fatima Hassan which as admitted
in evidence without objection and marked as Exhibit ‘B’, shows that
there was evidence of struggling as established by conjunctiva
haemorrhage, neck pain and bruises due to asphyxiation and
dehydration as a result of struggling and exhaustion.
The medical report which was dated 20/7/2019 and signed by one Dr.
Ayokunle M.A. was concluded with an option that impression of the
commission of the offence of rape against the victim was established.
From the foregoing pieces of evidence as contained in the extra-judicial
statements of the defendant and the medical report which disclose that
the victim was 15 years old as at 20/7/2019 when she was examined,
the defendant can be said to have had sexual intercourse with one
Fatima Hassan of 15 years old on the 19/7/2019 against her will.
I therefore agree with the prosecution that the prosecution has proved
all the essential elements of the offence of rape punishable under
Section 260 of the Sokoto State Penal Code Law 2019 and as defined
by Section 259 (1) of the same code.
However, looking at the evidence of the defendant as DW1 and the
objections raised by the defence counsel in their adopted written
address, the question one will ask is whether this court can accept the
evidence as led by the prosecution and act upon same in convicting the
defendant?
At paragraph 4.1.10 of their adopted written address, the defence
counsel submitted that Exhibits A, A1, C and C1 are unreliable for
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