This case has been cited 1 times or more.
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2015-07-08 |
PEREZ, J. |
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| Here, even though the result of AAA’s physical examination conducted in September 2002 showed that she was already five and a half months pregnant at that time, it does not necessarily follow that the appellant could not have authored the 28 August 2002 rape against her. Contrary to appellant’s view, AAA’s pregnancy is immaterial to the issue since pregnancy is not an essential element of the crime of rape. So, whether the child whom the rape victim bore was fathered by the accused, or by some unknown individual, is of no moment. What is important and decisive is that the accused had carnal knowledge of the victim against the latter’s will or without her consent, and such fact was testified to by the victim in a truthful manner. As long as the elements of rape are present and proven by the prosecution, the accused could be adjudged guilty thereof notwithstanding the attendance of other matters that are completely irrelevant to the crime.[28] | |||||