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The prosecution failed to prove the essential ingredients of statutory rape, specifically the age of the victim and credible evidence of penetration, rendering the conviction unsafe.
Source excerpt
The court held that the victim's age was sufficiently proved, there was no material contradiction in the prosecution evidence, the victim's detailed testimony and medical evidence established penetration, exclusion of some evidence did not undermine the prosecution case, the defence was considered and found unpersuasive, and the absence of bruises in the PF3 did not negate the offence of rape. The conviction and sentence were upheld.
Source excerpt
The Court of Appeal allowed a criminal appeal, holding that the prosecution failed to prove penetration, a necessary element of rape and unnatural offence.
The High Court upheld a rape conviction, finding the complainant’s evidence sufficient to prove penetration, but set aside corporal punishment as unwarranted.
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