OKPANEFE V. THE STATE

• Pages: 382-386

OKPANEFE V. THE STATE

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382

OKPANEFE V. THE STATE

5

FRANCIS OKPANEFE

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APPELLANT

V

THE STATE

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RESPONDENT

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10

SUIT NO. SC 256/1969

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

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3rd December, 1969.

Criminal Law - Rape and attempted rape - Corroboration of complainant's alibi

is not proof of his telling lies so as to amount to corroboration - Medical

report must implicate accused to amount to corroboration - Little weight to

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be given to distressed condition of complainant in sexual cases.

ISSUES:

1.

Whether it is necessary to obtain evidence to corroborate that of a complainant

in a rape charge.

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2.

Whether the time at which a rape case is reported is relevant to the prosecution

of the accused.

3.

Whether the mere fact that an accused person's alibi is not contradicted, renders

it true.

FACTS:

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The accused was charged and convicted with the rape of the complainant.

There was no corroboration of the complainant's testimony, and there was no other

evidence linking the accused with the rape, apart from the complainant's testimony.

The accused appealed against the conviction.

HELD:

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1.

There was no evidence to corroborate the evidence of the complainant as at

most the medical report confirmed the complainant's story that someone had

sexual intercourse with her but did not corroborate in any way her story that it

was the accusec who had done so.

2.

It was clear that on the first count, that was as to the alleged rape on the 1st

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August, 1968 there was no corroboration whatsoever. Moreover the

complainant did not even make an early report of the incident so as to show

the consistency of her conduct though that would not have been corroboration

and the medical report did not implicate the accused in any way so the trial

Judge was manifestly in error in convicting the accused on this count.

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3.

On the second count the finding of the shilling did not in any way implicate the

accused as the girl could easily have got the shilling from someone else, and

her distressed condition, whilst indicative of an indecent assault upon her, did

not show in any way that it was the accused who had done so and little weight

can in itself be usually given to a complainant's distressed condition in sexual

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cases.

4.

On the question of alibi, there was no evidence to show on the fact of it that the

accused was lying. It was true that the place where he said he met the bar-girl

was different to where she said in her evidence, but as she could not remember