JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Delta State High Court, Sapele Judicial Division in Charge No: HCI/27C/2014 THE STATE v. ALEX IVWIGHRE delivered on the 20th day of June, 2017, wherein the trial Judge convicted the Appellant on counts of Rape and Conspiracy and sentenced him to 10 years imprisonment on each of the counts without option of fine. The terms of imprisonment were to run concurrently.
Briefly, the facts of the case, according to the prosecution, are that the Appellant and one other still at large, broke into the house of Emomo Timi James and demanded for the keys to her husbands motorcycle. It was stated that they forcefully collected her handset and dragged her to an uncompleted building behind Erhijere Primary School where she was raped by the Appellant who was wearing a mask as at the time the offence was committed. The Appellant removed his mask after the incident and was recognized by the victim wit…