HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): The instant appeal is a fall out from the judgment of Honourable Justice Elias O. Abua, of the Cross River State High Court, sitting in the Ogoja division of the High Court in Charge No. HJ/3C/2016, between The State and Linus Osang Odu whereof the appellant was convicted of the offence of rape and sentenced to a term of 10 years imprisonment with hard labour.
The charge against the appellant before the lower court, runs thus:-
STATEMENT OF OFFENCE.
DEFILEMENT, contrary to section 218 of the criminal code cap C16 Vol. 3 Laws of Cross River State of Nigeria, 2004.
PARTICULARS OF OFFENCE.
LINUS OSANG ODU “M” on the 24th day of August, 2015 at Odajie village Mbube Ogoja, in the Ogoja Judicial Division had unlawful carnal knowledge of one Favour Abang ‘F’ a girl of the age of 6 years.
When on the 11th of October, 2016, the charge was read to the appellant to his understanding, he pleaded not guilty, whereupon the prosecution in an atte…