KYEMANG
V.
FRN

(2021) JELR 108937 (CA)    
Court of Appeal  ·  CA/ABJ/CR/670/2020 ·  24 Sep 2021 ·  Nigeria
CORAM
Mojeed Adekunle Owoade Justice of the Court of Appeal Ibrahim Wakili Jauro Justice of the Court of Appeal Danlami Zama Senchi Justice of the Court of Appeal

IBRAHIM WAKIL JAURO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Federal Capital Territory, Abuja, FCT Holden at Jabi delivered on 28th January, 2020 by Hon. Justice Babangida Hassan. The appellant was charged for an offence of Rape punishable under Section 1 (2) of the Violence Against Persons (Prohibition) Act, 2015. The charge read thus:

"That you Yusuf Francis Kyemang (M), 37 years old, of Plot 42, Off S. S. Quarters, Jikwoyi, Abuja, on 13th September, 2018, at Plot 42, Off S. S. Quarters, Jikwoyi, Abuja within the jurisdiction of this Honourable Court, intentionally penetrated the vagina of Ibrahim Nantop Sale (F), 17 years old, of Plot 42, Off S. S. Quarters, Jikwoyi, Abuja with your penis, by means of force and thereby committed an offence punishable under Section 1 (2) of the Violence Against Persons (Prohibition) Act, 2015.”

The prosecution called two witnesses and tendered four exhibits while the appellant testified in hi…

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