Mwendesha v. R. Crim. App. 144-M-71; 7/6/71; El-Kindy Ag. J.

 Mwendesha v. R. Crim. App. 144-M-71; 7/6/71; El-Kindy Ag. J.

The appellant was convicted of rape. There was evidence of the complainant that the appellant found her walking held her and dragged her towards bush where he overcame he resistance, laid her down and managed to insert his organ into hers. But her continuous noise managed to draw the attention of a witness (Yusuf) who approached the scene but appellant then run away. The appellant challenged his conviction on the ground that there was no medical evidence showing that there had been sexual intercourse through the use of force.

Held: (1) “As I have indicted, the medical evidence was not of much use, but this is not to say that therefore the complainant’s and Yusuf’s evidence should not be accepted bearing in mind that the complainant did not attend medical examination until the 14^th of November, 1970. (The rape took place on 24^th October 1970). Once the evidence of the complainant was accepted and this evidence is materially corroborated on by that of Yusuf, the conclusion of rape is inevitable in the circumstances of this case. If the appellant had not been the offender, he would not have been seen running away from the scene of the incident.” (2) Appeal dismissed.