MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division wherein the Appellant appealed against the conviction and sentence on a charge of Rape contrary to Section 357 and punishable under Section 358 of the Criminal Code Law, Laws of Ogun State of Nigeria 1978.
The Appellant was arraigned before the trial Court on 15th day of December, 2005 for the offence of rape. He was alleged to have raped the Prosecutrix, Bukola Adebajo, a secondary school girl within the school farm on or about the 29th day of January 2004. The Appellant pleaded "not guilty" to the charge. The Prosecution called four witnesses and tendered two exhibits 1-1A, the Yoruba and English version of the Appellant's statement and Exhibit 2, the Medical Report. The Appellant did not testify but called two witnesses who gave evidence on his behalf.
At the end of the trial the learned trial Judge, Lokulo-Sodipe, J. (as he then was) found …