Hussein v. R. Crim. App. 161-D-71; 15/5/71; Biron J.

 Hussein v. R. Crim. App. 161-D-71; 15/5/71; Biron J.

          The appellant was convicted of rape and sentenced to 3 years imprisonment. Complainant alleged that the appellant knocked at her door at night (they were distantly related0 and asked for some water. She brought out some whereupon the appellant seized her, pulled her into his room threw her on to his bed and had sexual intercourse with her entering from the rear. The complainant’s sister, who had gone out, came back, looked for complainant and found her being pushed out of his room by the appellant. A report was made to the authorities who had the complainant examined. She had lacerations on the lower part of the vaginal wall and the hymen had been ruptured. This appeal was brought against conviction.

                        Held: (1) “Apart from the fact that the complainant, whose youth has been noted, could not cry out because she was apparently seized by the throat, from the evidence she would not appear to be very bright. Even so, there is no suggestion, even from the appellant, nor is there anything to indicate from the record, that she consented to intercourse, and, as noted, she was a virgin.” (2) “The magistrate very properly directed himself on the need for corroboration in such cases of sexual assault, and he found It, is indeed is the case, in the evidence of the complainant’s sister, and to some extent in the medical evidence as tot eh injuries on the complainant, though this latter cannot be regarded, at least standing by itself, as very strong corroborative evidence. But as I think sufficiently demonstrated, the complainant’s evidence is fully corroborated. The conviction is thus fully supported and justified by the evidence.” (3) Appeal dismissed.