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.
Being dissatisfied with the decision of High Court…