OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Plateau State sitting in Jos (hereinafter referred to as the trial Court), per R.K.C. Adamu, J. delivered on 12th November, 2013 in Suit No. PLD/J/09C/2013.
The Appellant herein is standing trial as an accused person, before the trial Court, on the following one count charge of Rape:
THE CHARGE
That you, Matthew Obidigwe between January to July, 2012 at Yantrailer in Jos North Local Government Area within the Plateau Judicial Division committed Rape on one Happiness Gayus to wit deceiving her with biscuits and toy guns to have sex with her and thereby committed an offence punishable under Section 283 of the Penal Code Law, Cap. 89, Laws of Northern Nigeria, 1963.
Having been arraigned before the trial Court, the trial of the Appellant commenced with the taking of his plea and on 31st of May, 2013 the Respondent as prosecution opened its case. After the evidence o…