AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned before Kano State High Court of Justice, presided over by Aisha R. D. Muhammad, J., on a one - count charge of rape which reads thus -
That you Musa Natsaha male, adult of Rogo town, Kano within Kano judicial Division on or about the 16th of July, 2007 at about 0800 hrs at Bakin Kasuwa, Rogo committed the offence of rape by an act to wit; you lured one Surrayya Muntari, a girl of 3 years into a shop by giving her bean cake (Kosai) and forcefully had sexual intercourse with her and you thereby committed an offence punishable under section 283 of the Penal Code.
Evidence was led by both the prosecution and the defence. The prosecution called three witnesses: PW1 is the prosecutrix herself; PW2 is the father of the victim (PW1); and PW3 is corporal Faruk, the investigation police officer (IPO). Three exhibits were tendered for the prosecution through PW3, viz: Exhibit A, the extra - judicial st…