AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal before us emanated from the decision of Hon Justice Dije Abdu Aboki of the Kano State High Court delivered on the 26th March, 2015, wherein the Appellant was convicted and sentenced to 7 years imprisonment and a fine of N100, 000 or eighteen months imprisonment in default of payment of the fine for the offence of act of gross indecency under Section 285 of the Kano State Penal Code Law.
The Appellant who was charged for the offence of rape punishable under Section 283 of the Penal Code pleaded not guilty to the charge. In proof of its case, the prosecution called 7 witnesses and tendered 2 Exhibits while the Appellant called 5 witnesses including himself as DW1.
The prosecutions case is that the Appellant is a next door neighbour of Salisu Abubakar (PW2) and a teacher at Police Childrens School Chalawa, Kano where PW2s daughter, Hajara aged 5 years, is a Nursery Pupil. Sometimes the Appellant drops Hajara (the Vict…