1:30p.m, the Appellant picked the Victim (PW6) with his motor-cycle and left the school, and by a tree near the school, raised her leg and put his hand in her private part. He fingered her and she felt pain and cried. Upon being dropped at home the Victim PW6, went to the toilet and her mother, PW4, Aisha Abdullahi, heard Hajara crying in the toilet. Upon examination of PW6, PW4 saw blood and some whitish substance stains in between the thighs of PW6. The matter was reported to the school, then to the Police and the Victim (PW6) was taken to the Aminu Kano Teaching Hospital, Kano (AKTH) where she was examined by Dr. Imam Usman Haruna (PW3) who concluded that the Victim was raped. The Appellant both in his statement to the Police Exhibits A & B and in his evidence before the Court and as offered by his witnesses denied being responsible but that it was a pupil in the school who did that to the Victim, as initially stated by the Victim herself. At the conclusion of trial and upon considering the evidence both for the prosecution and the defence, the learned trial Judge found that the charge of rape under Section 283 of the Penal Code was not proved 2 beyond reasonable doubt against the Appellant, and accordingly discharged and acquitted him for that offence. However, the Court found as proved beyond reasonable doubt, a case of gross indecency under Section 285 of the Penal Code and pursuant to Sections 217 and 218 (1) & (2) of the Criminal Procedure, convicted the Appellant for that offence although he was not so charged. It is against his conviction and sentence for the said offence of act of gross indecency that the Appellant being unhappy with, commenced this appeal by a Notice of Appeal filed on 18/05/2015 predicated upon 7 grounds. In the Appellants brief of argument dated and filed on the 22nd December, 2016 and settled by Hassan U. El-Yakub Esq. two issues were distilled from 6 of the 7 grounds of appeal, ground 4 being abandoned. The issues are: