(2004) JELR 45057 (CA)    

Court of Appeal  ·  CA/A/6/C/2004 ·  25 Nov 2004 ·  Nigeria
Other Citations
Rabiu v. State (2005) 7 NWLR (Pt.925)491
Rabiu v. State (2005) 7 NWLR (Pt. 925) 491
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
offence of rape
accused persons
learned trial chief judge
trial court
penal code
fair hearing
supreme court
criminal procedure code
evidence act
notice of appeal
chief judge of niger state
denial of fair hearing
honourable court
learned trial judge
legal counsel
plea of the accused persons
sentence of the appellant
sentencing of the appellant
serious offence
1st day of september
appellant mr. machukwu-ume
brief facts of the case
capital offence
decision of high court of justice
decision of the trial court
following circumstances
following issues
forceful penetration
general hospital
head of court of a given jurisdiction
hearing of the matter
issue no.2
issue of transfer of appellant
i. t. muhammad
jurisdiction of the learned trial judge
leading judgment
likes of the accused persons
offences of conspiracy
plea of guilt
receipt of the case diary
respect of issue no.1
state v
submissions of the learned counsel
such offence
transfer of the appellant
unsound mind

I. T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant and one Awalu Garba were charged and convicted of the offences of conspiracy and rape contrary to sections 97 and 283 of the Penal Code.

Brief facts of the case are that on the 1st day of September 1996, at Bida, one Idris Rabiu (the appellant) conspired with one Awalu Garba to have and indeed had carnal knowledge of Mama Abdul-Rahman an eleven-year-old girl, forcefully. It was on this basis that the prosecutrix father reported to 'A' Division Police Station, Bida.

The prosecutrix was taken to the General Hospital, Bida because she was bleeding and medical report to that effect was obtained indicating that she bled as a result of the vaginal rupture she suffered due to forceful penetration.

Upon receipt of the case diary, the appellant and one other were prosecuted under sections 97 and 283 of the Penal Code, and convicted and sentenced to term of imprisonment.

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