prosecutrix and drove away when he saw some people approaching
his car. This conduct is not synonymous with that of a person who was
demanding for his money from a truculent passenger. From this
conduct alone, I reach the conclusion that the accused was doing
something wrong. Since I already believe the evidence of the
prosecutrix it is easy for me to also reach the conclusion that the wrong
act in question was the act of rape alleged by the prosecutrix. The
surrounding circumstance therefore presents such compelling and
cogent evidence that leads me to the conclusion that the prosecutrix
was sexually assaulted by the accused and this I shall also hold as a
fact.
I have not seen any evidence on record which gives me the slightest
impression that the sexual encounter was consensual. I hold on the
evidence that it was not. I therefore believe from the circumstances of
this case that the prosecutrix did not consent to the sexual intercourse
and this I shall hold as a fact. The prosecution and therefore in my
view proved the elements of the offence under section 121 of the
Criminal Code with the certainty required by law.
From the foregoing, I reach the conclusion that the prosecution has
proved its case beyond reasonable doubts on both counts. The accused
person MOHAMMED SAMBOU is accordingly convicted as charged
on both counts.
EMMANUEL A. NKEA
JUDGE
12
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