UPAHAR & ANOR
V.
STATE

(2002) JELR 44704 (CA)

Court of Appeal · CA/J/177C/99 · 27 Mar 2002 · Nigeria
·

Other Citations

Upahar v. State [2003]6 NWLR (Pt. 816)230

CORAM

IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

1st appellant

prosecution

pw3

rape

2nd appellant

sexual intercourse

pw2

learned counsel

penal code

learned trial judge

trial court

2nd day of august

evidence of the prosecutrix

independent evidence

exhibit c

local government area

proper evidence

accused person

cross-examination

illegal act

abatement of rape

absence of proof of rape

cross-road

evidence of the complainant

first count

probative value

see r. v

assistance of the 2nd appellant

case of the appellants

complete ignorance of whatever took place

conviction of 1st appellant

evidence of the intercourse

family of the prosecutrix

following circumstances

hold of the first accused

judgment of the high court of benue state

leave of the court

local government area of benue state

material contradictions

medical examination

offences of conspiracy

penis of the accused

respective fathers

said miss ushitile tyoshar

top of his sister

victims of circumstance

view of the legal authorities

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Benue State sitting in Makurdi, presided over by Honourable Justice T.U.F Puusu. The appellants were charged with the offences of conspiracy to commit rape, rape and abatement of rape, punishable under sections 97, 85 and 283 of the Penal Code respectively.

The charge against the appellants reads as follows:

"FIRST COUNT

That you Na'an Upahar 'M' and Aondongu Annyarev 'M' on or about the 2nd day of August, 1994 at Mbanyom Village in Gwer Local Government Area within jurisdiction agreed to do an illegal act, to wit commit rape on one Miss Ushitile Tyoshar 'F' and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under section 97 of the Penal Code.

SECOND COUNT

That you Na'an Upahar 'M' on or about the 2nd day of August, 1994 at Mbanyom in Gwer Local Government Area within jurisdiction committed rape on one Miss Ushitile Tyosha…

UPAHAR & ANOR V. STATE

UPAHAR & ANOR
V.
STATE