The accused was convicted of rape and sentenced to a custodial term of imprisonment of 18 months. He appeals on the grounds that the lower court erred in convicting him in contradiction of the Medical Report that found it was a fabricated rape. The Court dismissed the appeal finding that the complainant's story was corroborated by the evidence and did not therefore require the Medical Report's corroboration as well and also that the Medical Report is not to be taken as conclusive evidence of penetration. The evidence also showed that the intercourse the appellant had with the complainant was non-consensual because the consent was fraudulently obtained. After this decision, the Malawi High Court banned the corroboration rule in sexual violence cases in Republic v Kaliyati.
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