Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2001) JELR 44330 (SC)    

Supreme Court  ·  SC.133/2000 ·  13 Jul 2001 ·  Nigeria
Other Citations
Jegede v State (2001) 14 NWLR (Pt.733) 264 (2001) 7 S.C (Pt.I) 122
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
offence of rape
court of appeal
evidence of pw1
police station
trial court
school girl
evidence of pw3
evidence of the prosecutrix
learned trial judge
medical examination
overt act
evidence of pw2
carnal knowledge of the prosecutrix
case of a married woman
circumstances of the case
elder brother
evidence act
finding of the lower court
forceful penetration of the genital tract
leading judgment
means of threats
nature of the act
piece of evidence
victim of the alleged attempted rape
above issues
accused person
appellant of the offence of rape
attempt of the offence
conclusion akaahs
defunct bendel state of nigeria
dilateriness of the police
evidence of pw1 shows
following facts
foregoing reasons
lead judgment of akaahs
learned justice of the court of appeal
medical consultant
medical evidence
offence of attempt
practical test
premises of university of benin staff school
required standard
said day
set aside
time of the alleged offence

BELGORE, JSC (Delivering the Leading Judgment): The appellant was charged with the offence of rape contrary to S.258 of Criminal Code Law of Bendel State. He was alleged to have raped the prosecutrix, a school girl of under thirteen years within the premises of University of Benin Staff School on 24th May, 1989. The prosecution further alleged that the prosecutrix thought the appellant was a teacher at the same staff school and that she at his behest volunteered to help to count the bad toilets at the school. It was while doing this that the appellant grappled her and raped her. The appellant, on his side maintained he never committed any offence; all that happened, according to him, was that the prosecutrix and her elder brother were his pupils at a private tuition school and that their father still owed him unpaid fees. At the time of the alleged offence the prosecutrix's age was put at eleven years, being born in August, 1978. She denied being appellant's pupil at any time in 1989,…

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