PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was arraigned before the High Court of Kogi State, holden at Lokoja, on a two counts charge of rape and culpable homicide punishable with death under Sections 283 and 221 (a) of the Penal Code respectively.
In order to prove its case, the prosecution called four witnesses and tendered in evidence the following items:-
1. Pictures taken at the scene of crime
2. Negatives of the Pictures
3. Coroner Form including medical report
4. Cautionary statement of the Appellant
These items were admitted in evidence and marked Exhibits A,B,C and D respectively.
At the end of the trial and in a reserved and considered judgment delivered on the 19th December, 2013; the appellant was acquitted and discharged from the first count of rape, but was found guilty in respect of the second count of culpable homicide punishable with death under Section 221(a) of the Penal Code and he was accordingly convicted and sentenced to death b…