APPEAL from the Circuit Court of Cook County; the Hon. JAMES
FELT, Judge, presiding.
MR. JUSTICE PERLIN DELIVERED THE OPINION OF THE COURT:
Defendant was indicted for rape and robbery, waived his right to a jury trial and was found guilty by the court on both charges. He was sentenced to concurrent terms of 5 to 8 years on the rape conviction and 2 to 4 years on the robbery conviction. On appeal he contends that the trial court erred in that (1) the trial court should not have admitted testimony of a police officer that the complaining witness had identified the defendant as her assailant at a lineup, (2) the trial court should have admitted into evidence the results of a polygraph examination taken by the defendant even though there was no stipulation from the State, and (3) defendant was not proven guilty beyond a reasonable doubt.
The following evidence pertinent to this appeal was adduced at trial:
On the evening of January 1, 1973, complainant had been visiting relatives in a west suburban area of Cook County. While driving home her car became disabled on the Congress Expressway east of Kostner Avenue, in the City of Chicago. After pulling her car to the right shoulder of the expressway, two cars stopped to offer her assistance one was driven by the defendant and the other by an unidentified male who was driving a station wagon and was accompanied by his wife and family.
After pushing complainant's car to a safe location on the shoulder of the expressway and checking the car's engine, the two men concluded that her car was out of gas. Complainant gave the defendant sufficient money to procure some gas for her car. The two men left in defendant's car. When they returned with the gas, the car would still not start, and defendant told complainant that he was of the opinion that the problem was due to a malfunctioning battery. The unidentified helper explained to complainant that there was nothing further he could do, returned to his station wagon and with his wife and family left the scene.
Defendant offered to drive complainant to the gas station to return the borrowed gas can and to obtain the return of her deposit thereon. Complainant accepted defendant's offer and was driven by the defendant in his car to a gas station on Independence Boulevard. At that station defendant returned the gas can and gave complainant the money deposit he had received from the station attendant.
Defendant then offered to drive complainant to another station in order for her to arrange for the towing of her disabled car. Again complainant accepted the offer. However, instead of driving her to another gas station, defendant drove to an empty parking lot. They arrived at the lot at approximately 11:30 p.m. and defendant parked his car. Defendant told complainant they were going to sit and listen to some tapes he had in the car.
Complainant became very nervous and afraid for her physical well-being. Within minutes of arriving at the lot defendant, apparently fearing possible police patrols, proceeded to another empty lot which was situated in an area that was not familiar to complainant. This move heightened her fears even more. At this new location defendant told complainant that he intended to have sexual intercourse with her and take her money for it. Defendant, against her wishes, grabbed her purse and removed $40 of complainant's money, whereupon she began to cry.
Complainant then attempted to flee but was caught and detained by defendant before she could exit his car. Defendant then slapped her repeatedly across the face. He proceeded to unbutton her coat, remove her stockings and panties, pull up her skirt and unzip his trousers while restraining complainant by means of a one-handed stranglehold he had placed on her throat. She continued in her efforts to resist but was overcome by the defendant's superior strength and positioning. Defendant then placed his body on top of complainant and engaged in an act of sexual intercourse in a face-to-face position for a period of five minutes.
Subsequent to the act of intercourse, defendant drove his car toward the street, pulled behind a cab, gave complainant $5 and told her to take the cab. Complainant hurriedly exited his car and, after a short scuffle with the defendant over a ring she was wearing, entered the cab.
With her clothing disheveled and in a hysterical condition, complainant managed to observe the license number of the defendant's car while she screamed to the cab driver that she had just been raped and to write down the license number of defendant's car. Complainant then directed the cab driver to take her to the police station. After arriving at the police station she was transported to the Cook County Hospital where a pelvic examination revealed the presence of sperm in her vaginal area. She was also treated for facial trauma and bruises.
Complainant related her story to the investigating officer who immediately checked the license number she gave to him. Upon learning of the owner's address, the officer proceeded to the suspect's residence. However, defendant, who owned the car, was not at home. Subsequently, defendant presented himself at the police station, was fully advised of his rights by the officer who had taken complainant's initial statement and was then questioned about the incident.
On January 2, 1977, at 9 a.m. the complainant viewed a lineup conducted by the investigating officer. At that time she ...