(2018) JELR 38970 (CA)    

Court of Appeal  ·  CA/K/348/C/2015 ·  31 May 2018 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
accused person
reasonable doubt
lower court
offence of rape
exhibit e1
criminal procedure code
evidence act
exhibit d
principles of law
evidence of pw1
medical practitioner
penal code
learned judge of the lower court
medical report
sexual intercourse
supreme court
yargaya esq
essential elements of the offence of rape
evidence of pw2
magashi esq
penetration of the vagina
such medical officer
such person
a. g western nigeria
appellants brief of argument
further proof
ibrahim shata bdliya
kano state
learned trial judge
police officer
position of the law
years imprisonment
absolute certainty
body of any person
case of tsokwa motors
confessional statement of the appellant
evidence of any medical officer
issue no.
kano state high court of justice
leading judgment
nay statement
paragraph c-d
record of proceedings of the lower court
right of an accused person
said day
said report
submission of the learned counsel
view of the foregoing adumbration

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): The appellant, Idris Danjuma, was arraigned on charge No. K/126/2014 before the Kano State High Court of Justice (the lower Court) for committing the offence of rape punishable under Section 283 of the Penal Code, Kano State. He pleaded not guilty to the allegation of committing the offence. At the trial before the lower Court, the prosecution called five(5) witnesses and tendered documents which were admitted in evidence to prove the charge against the appellant. The appellant testified on his behalf and called a witness who testified in his defence. The learned trial judge, after considering the evidence before him, found the appellant guilty, and convicted him accordingly, and sentenced him to 25 years imprisonment, fined him N50,000.00 ordered payment of N100,000.00 to the prosecutrix. The appellant was aggrieved by the conviction, sentence and the award of compensation, hence the appeal to this Court.

The appellants b…

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