was penile penetration simply because they felt pain when appellant tried to insert
his penis into her vagina is engaging in the realm of speculation. However, the
medical examination on "CCC," though not indispensable in a prosecution for rape,
shows no evident injury. At this juncture, it must be stressed that in a criminal
prosecution, each and every element of the crime, must be proved beyond
reasonable doubt. Judgment must never rest on speculation or suspicion, no matter
how strong it is. "Courts cannot function to supply missing links in the prosecution
evidence which otherwise insufficiently proves carnal knowledge.''[42]
Relative to the rape which allegedly occurred in the first week of September 2001
(Criminal Case No. 07-CR-6768) "CCC" related her ordeal as follows:
Q: In the year 2001 while you were in Grade Two, do you recall if Noel Bejim did
anything to you?
A: Yes, your Honor.
xxxx
Q: What did he do to you?
A: He raped me, sir.
xxxx
Q: So you said you were raped by Noel Bejim, how did he rape you, what did he
do to you that you claim that he raped you?
xxxx
A: Sir, he [got] cooking oil, your Honor.
Q: After he got cooking oil, what did he do with the cooking oil, if you noticed?
A: He placed the cooking oil [on] my vagina and [on] his penis.
xxxx
Q: So after he removed x x x your pants and panty [and] while you were lying
down on the sofa, what did Noel Bejim do next?
A: He tried to put his penis [into] my vagina.
Q: How did he try?
A: He held his penis.
Q: And what did he do with his penis?
A: He inserted it [into] my vagina.
Q: Did his penis touch your vagina?
A: No, your. Honor.