In David Ifenado v. The State (1967) N.M.L.R. 200, a decision of this Court which was relied on by the Federal Court of Appeal, the doctor after his evidence in chief produced a medical report which was received in evidence. Brett, J.S. C. (delivering the judgment of the Court) held that It was clearly inadmissible at that stage. The Doctor might properly have been allowed to refresh his memory from the report under Section 215 of the Evidence Act and the defence would then have been entitled to see it and cross-examine on it, in which case it might have been produced in evidence but it ought not to have been admitted at the trial in the evidence-in-chief.
ABSENCE OF MEDICAL REPORT IN RAPE CASE NOT FATAL
The absence of a medical report in a case of rape is not fatal to the case of the Prosecution if there are other factors to corroborate the commission of the offence. – EBIOWEI TOBI, J.C.A. Abdul v. State (2021) Was this dictum helpful? Yes 0 No 0...