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JUDGEMENT
CAMPBELL J.
The accused is charged with rape contrary to section 97 of the Criminal Code, 1960 (Act 29), for that he on the morning of 2 March 1967 did carnally know a certain woman without her consent. The issue as to whether sexual intercourse took place is not in dispute because the accused both in his evidence in court and in two extra judicial statements adopted by him as part of his evidence, admits the fact that he did have sexual intercourse with the complainant on the morning in question. These extra-judicial statements were tendered in evidence as exhibit C and exhibit D respectively. The complainant herself testified that the accused forced his way and set his penis in her vagina and had sexual intercourse with her.
The only issue now calling for determination is whether the intercourse was with or without the consent of the complainant. The complainant's version is that she had only once previously been near the house of the accused and this was when she was called …