“judicial notice
can be taken of the fact that testimonies in court are much more exact and
elaborate than those stated in the sworn statement.”
Facts:
Yabut is accused for a crime of rape of a 10-year child
and was sentenced as guilty by the trial court. Yabut now assails the decision
of the court contending that there were irregularities on the testimony of the
victim during the interrogation of the police and what she testified in court.
He contends that (1) She told the police
that she was awakened by the accused who is pulling down her panties but in
court she testified that she was awakened by a man making an up and down
movement on top of her, (2) it was impossible for the victim to see who her
assailant as it was dark in the room; (3) it was bizarre to believe when the
victim said he came back to get his driver’s license; (4) that the testimony of
the victim’s father showed that the victim did not show any anxiety when her
father came home after the incident happened; (5) pointed out that the medical
result showed the victim to be negative in spermatozoa hence no rape occurred,
(6) it is unlikely for the victim to be raped as she was sleeping with her
other siblings in the room and (7) victim’s allegation that there was a lock in
the room is contradictory to the testimony of her father who said the room has
no lock.
