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IKO V.THE STATE
V.

(2001) JELR 44342 (SC)    

Supreme Court  ·  SC.177/2001 ·  13 Jul 2001 ·  Nigeria
 · 
Other Citations
Iko v. State (2001) 14 NWLR (Pt.732) 195 (2001) 7 S.C (Pt.II) 115
CORAM
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
pw1
evidence
learned trial judge
evidence of pw1
trial court
corroborative evidence
sexual intercourse
accused person
pw2
trial
offence of rape
circumstances of this case
evidence of pw
following morning
guilt of the accused
leading judgment
testimony of pw1
above reasons
appellant n5
assessment of the evidence
convict of rape
court of appeal calabar
cross river state
daughter pw1
determination of this court
end of the trial
essential ingredient of the offence
evidence of pw1 andpw4
evidence of the prosecution witneses
facts of this case
father of pw1
learned justices of the court
material respects
necessary warning
only pieces of evidence
question of corroboration
required corroboration
respect of the prosecution
rule of practice courts
rules of court
statement of offence rape contray
such substance
sufficient penetration
uncorroborated evidence of a prosecutrix
uyo high court
views of the learned trial judge

KALGO, JSC (Delivering the Leading Judgment): The appellant, Edet Okon Iko, was charged with the offence of rape contrary to section 358 of the Criminal Code of the then Cross River State. He was tried by Nkop J. (as he then was) at Uyo High Court in the Uyo Judicial Division. He was found guilty of the offence at the end of the trial and was sentenced to 7 years imprisonment with hard labour. He appealed to the Court of Appeal Calabar which heard and dismissed his appeal. He now appeals to this court.

The facts of this case as I understand them would appear to be as follows; PW2, Asuquo Etim Nyong, is the father of PW1, Grace Asukwo Etim, the prosecutrix and victim of the offence. On 2nd of May 1982, PW2 who was then living at Creek Town, Calabar with his family handed over his daughter PW1, to the appellant, a taxi driver, to take her to Uyo. PW1 was then a student of the Christian Secondary Commercial School, Uyo. PW2 told the appellant to drop PW1 at Itam junction. He gave the ap…

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