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…While medical evidence is often valuable in proving penetration, it is not the only mode of proof.…

…The complainant's account was corroborated by the medical evidence.…

…The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the…

…It is not conceivable that there would be medical evidence suggesting that the appellant could be set at liberty without any risk before the illness which PW 5 diagnosed is treated and cured.…

…PW3’s medical evidence indicated that the examination was conducted on 27th July 2023 and recorded the age of injury as one day.…

…The Appellant argued that the medical evidence supported the complainant’s testimony. The law is settled that medical evidence in sexual offences is important but is not always mandatory.…

…While medical evidence is desirable in proving penetration, it is not indispensable where there is credible and cogent direct evidence establishing the fact of penetration.…

…Upon re-evaluating the entire record, I am satisfied that the complainant's testimony, read together with the medical evidence, established the fact of penetration beyond reasonable doubt. 12.…

…It was also established that the complainant’s hymen was broken signifying penetration as per the medical evidence adduced by PW1. 9.…

…The appellant further faulted the trial court in relying on insufficient medical evidence.…

…evidence on record. 8.…

…Nor has it been shown that the learned trial magistrate misapprehended the medical evidence or applied incorrect principles.…

…It is settled law that medical evidence is corroborative and not mandatory for proof of penetration.…

…Medical evidence confirmed that she had been defiled, thereby supporting her testimony as to the occurrence of the offence. 26.…

…It is settled law that medical evidence is corroborative and not mandatory for proof of penetration.…

…Medical evidence confirmed that she had been defiled, thereby supporting her testimony as to the occurrence of the offence. 26.…

…Usually, the sexual intercourse is proved by the victim's own evidence and corroborated by medical evidence or other evidence.…

…Though desirable, it is not a hard and fast rule that the victim's evidence and medical evidence must always be adduced in every case of defilement to prove sexual intercourse or penetration.…

…Learned counsel for the Appellant submitted that the assessment of damages was wholly unwarranted, excessive and not supported by the medical evidence adduced.…

…Counsel contended that the learned magistrate relied on medical evidence tendered by the Respondent’s doctor which indicated that the injuries sustained by the Respondent amounted to grievous harm with a permanent incapacity…

…The Appellant argues that the medical evidence was insufficient because it revealed an old torn hymen, not fresh injuries. The law on medical evidence in sexual offences is well settled.…

…In the present case, the medical evidence corroborates the complainant's testimony. I find that the prosecution proved penetration through both the complainant's testimony and the medical evidence.…

…It is on the basis of that medical evidence that the respondent urges this court not to interfere with the decision of the learned Honorable magistrate.…

…This court has taken the liberty to reevaluate the medical evidence tendered before the lower court to ascertain whether the court properly applied its mind to the medical evidence presented by the appellant.…

…The prosecution conceded that the evidence of the clinical officer or medical evidence, in this case, was of grave importance.…

…In many cases the courts have accepted and gone by the findings and opinions in the medical evidence.”…

…The Appellant submitted that the medical evidence as highlighted herein speaks for itself. Penetration and who caused the same can only be proved by medical evidence as corroborated by other prosecution witnesses. 41.…

…That the medical evidence produced in court did not confirm any sexual activity as well as recent penetration as against PW1.…

…It was his submission that, given the absence of medical evidence confirming penetration, the conviction was unsafe and ought to be quashed. 9.…

…It was submitted that penetration was proved through the evidence of the Complainant’s mother and the medical evidence tendered.…

…Usually the sexual intercourse is proved by the victim’s own evidence and corroborated by the medical evidence or other evidence. …

…Though desirable, it is not hard and fast rule that the victim’s evidence and medical evidence must always be adduced in every case of defilement to prove sexual intercourse or penetration.  …

…Further, it was argued that the prosecution evidence was full of contradictions and that the medical evidence did not corroborate PW1’s allegation as the doctor who testified is not the one who filled the P3 form.…

…The proceedings indicate that the prosecution invoked the provisions of Section 77 of the Evidence Act. The medical evidence of PW6 corroborates the evidence of the complainant.…

…That the medical evidence further revealed no injuries to the anus and an old broken hymen, contradicting the charge.…

…Third, there were material contradictions between the complainant’s testimony and the medical evidence.…

…Whether there was any medical evidence to support the charge of defilement.…

…On whether or not the court erred in convicting the appellant without medical evidence this court observes the following; Penetration may be proved otherwise than through the presentation of medical evidence.…