TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Kwara State High Court presided over by Kawu J. delivered on the 29th day of November 2012.
The Appellant/accused before the trial court stood trial on one count charge which reads as follows:
"That you, Ismaila Kiwo, on or about the 11th day of May 2010, at Aboto-Oja, Ilorin, within the jurisdiction of this court forcefuily dragged Suliat Ibrahim (F) into the bush and had carnal knowledge of her without her consent and thereby committed an offence punishable under Section 283 of the Penal Code."
Learned Director of Public Prosecutions Ministry of Justice Ilorin J. A. Mumini Esq, filed the charge dated 27th September 2011 on behalf of the prosecution.
The facts of this case are that the Appellant on the 11th day of May 2010, at Aboto-Oja in Ilorin laid ambush and forcefully dragged Suliat Ibrahim to the bush and had carnal knowledge of her without her consent. Appellant ran into t…