Rape: Evidence requires corroboration depending on each case – C/Appeal

The above named was brought to this Unit on the 16th of November, 2013 on alleged rape case. Said to have been raped by one Mashud Ahmed who lived in the same compound and had sexual intercourse with her in the toilet.Examination finding revealed: a young girl, anxious looking, not pale. Vaginal examination was done: […]

The above named was brought to this Unit on the 16th of November, 2013 on alleged rape case. Said to have been raped by one Mashud Ahmed who lived in the same compound and had sexual intercourse with her in the toilet.
Examination finding revealed: a young girl, anxious looking, not pale. Vaginal examination was done: Normal Vulva and Vagina. Hymen was disrupted. No bleeding, nil bruiser.
Gloved finger stained with whitish substances. Assessment of suspect rape was made.
Some of the drugs prescribed include Amoxyl, postinor and was asked to do RVS, Pregnancy test, HIV for M/C/S.
DR. BELLO ABUBAKAR
MEDICAL OFFICER”
Apart from the medical evidence, there was the evidence of PW1, Fatima Aliyu a 12 years old who gave evidence inter alia thus:
“I passed by the kitchen when I saw the accused person dragging Hamida into the bathroom. I told my elder brother —– I saw Hamida crying when she came out of the bathroom.”
And under cross-examination, she said, Hamida crawled to the kitchen and she continued crying when she entered the kitchen.
PW4, the mother of the victim gave evidence that Hamida could not walk when she saw her after the incident.
The victim PW1, Hamida Aliyu a girl of 13 years, 4 months of age gave a graphic account of what happened in her evidence thus:
“I am 13 years 4 months. I live at Sokoto Guest Inn quarters. I know the accused person. We live in the same house. My mother phoned and directed me and my younger sister Fatima to cook food before she came. I told Fatima Aliyu to clean the kitchen. When I wanted to enter the toilet she told me not enter because there was somebody inside. I did not enter but my senior brother Muftau entered the toilet. The accused person came out from the toilet and hit at the back of the toilet. When Muftau came out from the toilet I entered. When I came out the accused person stopped me. He prevented me from passing. He asked me the lotion I was using. I told him that I used Vaseline. He said I was lighter than him. He tried to hold my hand. He told me not to be scared. He held my hijab and trouser. He covered my face with the hijab and dragged me into the bathroom and locked the door. He removed my trouser. I used my hijab to cover my private part. He fell me on the ground. He removed my hijab from my private part. He removed his trouser and entered his penis into my vagina. He was called by somebody twice through the phone. He lay on top of me and inserted his penis inside my vagina. He later went to answer a call. He came back and met me crying. He told me to keep quite nothing will happened. He gave me N200. He told me to use my hand and hold my trouser. He brought me out of the bathroom. He went into his room and brought out kettle and told me not tell anybody. He went away. I could not stand properly. I managed to walk. I dropped the N200 naira at the counter. When my junior sister saw me she suspected that there was something wrong by the way I was walking.”
In my respectful view, there is sufficient corroboration for the evidence of the prosecutrix on record.
With due respect to the learned Appellant’s counsel, I am unable to see any defence raised by the accused either in his statement or evidence which the learned trial Judge failed to consider. The overwhelming evidence adduced by the prosecution caused the defence of the accused to fizzle out. And to complete the picture of the defence of the accused, I hereby capture his evidence in chief thus:
“I know PW4, we live in the same compound, I know PW1, 2 & 3. We live in the same compound, I am married with children. I did not rape PW1. Before 16th/11/2013 there are many children in my compound who asked me to give them sallah gift. I did not give them. I promised giving them after salary. On 16/11/2013. I met the PW1 outside the toilet and I gave her N200 sallah gift. She thanked me. I held her hand and asked her the cream she was using because she is lighter than me. She said she was using Vaseline. When my wife called me I left PW1. 20 minutes after I saw two Civil Defence officers with PW3. They said I raped PW1. I told them it was not true. They told me to follow them to their office which I did. They went to do medical test which shows I did not rape PW1. We wrote our statements. PW1 told the Civil Defence what PW4 told her to tell the Civil Defence. The father of PW4 told me where the problem was. He promised settling the matter by withdrawing the case but I was arraigned before the court on 18/11/2013. I did not hide in the toilet. I did not cover her mouth. I did not rape her. My phone ranged once when I was with PW1 that was when my wife called me. PW2 did not see me draggling PW1 into the bathroom. I want the court to discharge and acquit me.”
The learned trial Judge who saw and heard the witnesses accepted their respective evidence as true.
It has not been shown that the findings of fact of the learned trial Judge are perverse, so I have no reason to disturb his findings.
I have no hesitation in resolving the two issues in favour of the Respondent, as I do not see the helpfulness of the statement of the accused and his evidence in the face of the overwhelming evidence of the prosecution.
This appeal lacks merit.
I affirm the judgment, conviction and sentence of the accused/appellant by Bello Duwale J. in his judgment delivered on 7/5/2014 in suit No.SS/64C/2013. I hereby dismiss this appeal.
Concluded