OMO, J.S.C. (Delivering the Leading Judgment): The appellant, who is a legal practitioner resident at Gombe, Gombe Local Government Area of Bauchi State, was in August 1988 arraigned before the High Court of Bauchi State (Bauchi Judicial Division) and charged with committing the offence of rape against a 10 year old girl, one Bilkisu Umaru, contrary to section 283 of the Penal Code.
At the trial, the prosecution called four witnesses - the child and complainant (P.W.1), her sister (P.W.2), the investigating Police Officer (P.W.3), and the Medical Officer who examined her (P.W.4). The appellant neither testified nor called any witnesses. He rested his case on that of the prosecution. After hearing counsel on behalf of the prosecution and the accused in address, the learned trial Judge delivered a considered judgment in which she convicted the appellant of the lesser offence of attempted rape and sentenced him to a term of 6 months imprisonment plus a fine of ₦1,000.00 or, in the altern…