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…

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