a. WHETHER FROM THE TOTALITY OF THE EVIDENCE ADDUCED IN THIS CASE, THE TRIAL COURT WAS
RIGHT WHEN IT HELD THAT THE PROSECUTION HAS SUCCEEDED IN PROVING THE OFFENCE OF GROSS
INDECENCY BEYOND REASONABLE DOUBT IRRESPECTIVE OF THE APPARENT CONTRADICTIONS IN THE
EVIDENCE ADDUCED BY THE PROSECUTION ON MATERIAL POINTS AND THE
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UNCORROBORATED EVIDENCE OF THE PROSECUTRIX.
b. WHETHER THE TRIAL COURT WAS RIGHT WHEN AFTER DISCHARGING AND ACQUITTING THE
APPELLANT OF THE CHARGE OF RAPE, IT RELIED ON SECTIONS 217 AND 218 (1) AND (2) OF THE
CRIMINAL PROCEDURE CODE (CPC) IN CONVICTING THE APPELLANT FOR THE OFFENCE OF GROSS
INDECENCY WITHOUT ACCORDING HIM A FAIR HEARING.
In the Respondents brief of argument filed on 25th September 2017, Amina Yusuf Yargaya Esq., the
Director of Legal Services, Kano State Bureau for Land Management, who settled the Respondents brief,
also identified two issues differently cast as follows:
1. Whether from the totality of the evidence adduced in this case the prosecution has succeeded in
proving the offence of act of gross indecency contrary to Section 285 beyond reasonable doubt.
2. Whether the trial Court was right in convicting the Appellant for a lesser offence than the one charged
as provided under Sections 217 and 218 of the Criminal Procedure Code.
At the hearing of the appeal on the 24/01/2018, while the learned Appellants Counsel urged us to allow
the appeal and set aside the decision of the lower
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Court, learned Respondents Counsel urged upon us to dismiss the appeal and affirm the judgment of the
lower Court.
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