EMMANUEL AKOMAYE AGIM JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal delivered on 11-2-2015 in Appeal No. CA/MK/226C/201 dismissing the judgment of the high court of Benue State at Makurdi delivered on 6-3-2013 in case No MHC/77C/2009 convicting the appellant for committing the offence of rape and sentencing him to 12 years imprisonment and the payment of a fine of N10,000=.
The parties herein have filed, exchanged and adopted their respective briefs as follows- appellant's brief and respondent's brief.
Appellant's brief raised the following issues for determination-
"Whether a judgment established to be perverse and drained of the requisite jurisdiction could be justly affirmed on any ground by an appellate court of justice. Distilled from Grounds 1, 2, and 3 of the Grounds of Appeal.
Whether the judgment of the lower court is fair, reasonable and warranted having regards to the evidence properly proved. Distilled from grounds 4 and 5 of…