TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is sequel to the judgment of D. O. Oko, J., of the Ebonyi State High Court of Justice, holden at Abakaliki, delivered on 23rd September, 2016. It was a trial by the Judge as Chairman and a jury of two assessors/members. The charge against the appellant, bordered on the offence of rape on a minor aged thirteen (13) years anchored on Section 34(1) and (2) of the Ebonyi State Child Rights and Related Matters Law, 2010.
On 20/2/2015, at about 8.00pm., one Ezinne Ukpai (the 13 year old prosecutrix and victim of the alleged crime) was returning from an evening market at Ezi Ukpai, Amangwu Edda in Afikpo South Local Government Area of Ebonyi State. The prosecutrix met the Appellant on the way close to his house. The Appellant forcefully dragged the prosecutrix into his said house, tied her hands. He later untied her hands and had carnal knowledge of her thrice. The prosecutrix remained in the Appellants grip and captivit…