The State v Michael Kowih Sipopoi Francis Pangih Kindung [1996] PNGLR 355

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1996] PNGLR 355
• Date: 26 April 1996
• Year: 1996

Full Title: The State v Michael Kowih Sipopoi Francis Pangih Kindung [1996] PNGLR 355

National Court: Jalina J

Judgment Delivered: 26 April 1996

1 Criminal law—evidence—rape of virgin—accused entered from rear while the victim was lying face down—accused alleged that he inserted fingers which tore hymen—released sperm outside—victim did not feel sperm being released inside but stated that she felt penile penetration—whether hymen torn by penis or fingers

2 Criminal law—evidence—rape—police used pidgin words for sexual intercourse during record of interview—claim by accused that he inserted his fingers raised later during record of interview—whether penile penetration took place—pidgin words for sexual intercourse must be given their natural meaning—meaning of pidgin words for sexual intercourse discussed—"kuap"—"kuapim"—"puspus"

4 Criminal law—evidence—rape—penetration—victim did not feel sperm being released inside vagina—accused claimed to have released sperm outside—penetration did take place—presence of sperm not essential element of rape—presence of sperm is only corroborative evidence

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Jalina J: This accused has pleaded not guilty to a charge of rape. The victim gave sworn evidence and was vigorously cross–examined by Mr Motuwe, Counsel for the accused. The accused gave an unsworn statement from the dock and in accordance with established practice in this jurisdiction, he was not subjected to cross–examination. The rest of the evidence for the prosecution, including the medical reports and the record of interview, were tendered by consent of defence counsel.

From the evidence it appears that at about 5 am on 2 September 1995 after an all night video show at Lahapau Village, Manus mainland, the victim decided to return to her village, Kokou and followed the road along the beach. She was accompanied by a female, Josephine Thomas, as far as Saun's house. Josephine then returned leaving the victim to walk home alone. At Lukis Point the accused came from behind her (unknown to her), grabbed her around her waist with both his hands and they started struggling. The victim called out twice to the accused to stop as she regarded him as her uncle but without success. In the course of the struggle the accused assaulted her on her shoulder, back, thigh and other parts of her body with his clenched fists. She escaped once and tried to run away but he...