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DANLADI
V.
STATE

(2017) JELR 37308 (CA)

Court of Appeal 13 Dec 2017 Nigeria
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- The appellant was convicted by the High Court of Taraba State on counts of criminal conspiracy under Section 97(1) and rape under Section 283 of the Penal Code, based primarily on a confessional statement (Exhibit P1), the testimony of th

Case Details

Suit Number:CA/YL/148C/2016
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSAINI Justice of The Court of Appeal of Nigeria
Counsel:I. A. Jalo, Esq. For Appellant Y. N. Akirikwen, Esq (Attorney General, Ministry of Justice, Taraba State) with Hamidu Audu, Esq (Director of Public Prosecutions and E. T. Anderifun, Esq (State Counsel I) For Respondent

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Taraba State sitting in Jalingo (hereinafter called the trial Court) per John D. Yakubu J., delivered on the 2nd of August, 2016 in Suit No. TRSJ/4C/2015.

The Appellant and one other were arraigned before the trial Court, charged with the following offences:-

COUNT ONE

STATEMENT OF OFFENCE

Criminal conspiracy punishable under Section 97(1) of the Penal Code

PARTICULARS OF OFFENCE

That you GEORGE STEPHEN and KELVIN DANLADI on or about the 29th day of April, 2014 at about 19.30 hours at Gambobong village, Zing LGA of Taraba State within the Jalingo Judicial Division agreed to do an illegal act to wit: to rape one BLESSING MATHIAS and did rape her.

COUNT TWO

STATEMENT OF OFFENCE

Rape punishable under Section 283 of the Penal Code

PARTICULARS OF OFFENCE

That you GEORGE STEPHEN and KELVIN DANLADI on or about the 29th day of April, 2014 at about 19.30 hours at Gambobong villa…

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