PW6 is the 2nd Investigating Police Officer (IPO) who took another statement
from the appellant. The statement was admitted as Exhibit 'C'.
THE DEFENCE
The appellant testified in his own defence as Dw1 and denied knowing PW1 and
the entire allegation and incident. His testimony was that PW1 solicited for
money and upon his refusal to oblige her, a man met them and inquired to know
what they were doing; that the man held him, (appellant) called his other friends
who beat up the witness and was eventually taken to the police station in a
vehicle.
Under cross examination the witness identified PW1 as the alleged victim, who
begged him for money. He admitted being interrogated by PW4 at Mariri Police
station.
Sequel to appraising the evidence for both the prosecution and the defence, the
learned trial judge found the appellant guilty as charged and convicted him
accordingly. The Court, following the allocutus, proceeded and sentenced the
appellant to a ten year term of imprisonment commencing from the date of the
commission of the offence charged. The Court also imposed a fine of N10,000.00
on the appellant and in default of payment of which he was to serve an additional
one year jail term.
An appeal to the Lower Court was dismissed by a unanimous decision of that
Court which affirmed the judgment of the trial High Court. The appellant was
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