compelling, and unequivocal as to show without more that the accused committed the offence charged. See: Igbine v. State (1997) NWLR (Pt.519) 101. As in Igbine's case supra the evidence of PW1 shows that there was an act of rape but there is nothing in this evidence of PW1 to link the appellant with the offence: Okpanefe v. State (1969) I ALL NLR 420; Olaleye v. State (1970) 1 ALL NLR 300. This is not the end of the matter. PW1 went further to state that there was forceful penetration of the genital tract of PW2 associated with attempted strangulation. This finding by PW1 has negatived the element of consent by PW2. In her evidence in chief PW2 stated that the appellant held her neck and threatened to shoot her on the face if she refused to remove her pants. Also testifying in-chief, 3rd PW Fidelis Erameh stated that at the Police Station the appellant gave him his name and he said he was sorry for what he had done and asked for his forgiveness since he (appellant) was a friend to 3rd PW's elder brother, Dr. Erameh. He then reminded him that he was accused of raping a schoolgirl but he denied raping her but tried to force her. This piece of evidence coupled with the evidence of Irene Osagie who testified as DW3 at page 27 of the records that:"The girl came and held me and said one man wanted to rape her." are all pieces of evidence which point towards attempted rape. In Okoyomon v. State (supra) the Supreme Court in a similar situation as this one substituted the offence of attempted rape for the offence of rape which the trial court found proved. It is rather unfortunate that the appellant who was arrested soon after the incident and taken to the Police Station was not subjected to medical examination. This may not be unconnected with the unexplained absence of the prosecutrix for two days despite the fact that she narrated her ordeal to her father on the same day that the incident occurred. The second issue raised by the appellant does not merit any further consideration. I find that there are no material contradictions in the evidence of the prosecution witnesses concerning the offence of attempted rape. In conclusion, I allow the appellant's appeal on his conviction for the offence of rape but would substitute it with attempted rape with five years imprisonment. AKINTAN, J.C.A.: I had the advantage of reading a draft of the leading judgment prepared by my learned brother, Akaahs, J.C.A. The facts of the case and all the issues raised in the appeal are well set out and discussed in full. I do not intend to repeat them here. All I have to say is that, for the reasons given in the leading judgment, I too agree that the appeal partially succeeds in that the conviction for rape is reduced to one for attempted rape. I abide with the consequential order on sentence.