1. Whether the prosecution has proved the offence of having sexual intercourse
with a child against the Appellant beyond reasonable doubt, having regard to the
evidence before the Court.
It is the case of the Appellant that the fact of the Appellant having sexual
intercourse with the PW1 is not in contention. It was a consensual act, maintains
the Appellant.
It is also not contested that the PW1, alleged victim was found at the residence of
the Appellant upon a report made by the parents to the Police.
The argument of the Appellant is premised on the alleged age of the PW1 the
evidence of which was established by a birth certificate admitted as Exhibit A at
the trial. The said certificate puts the age of the Prosecutrix at 17years 3 months
at the time of the alleged sexual exploit by the Appellant.
(Pg. 4 and 5 of the Appellants brief of Argument)
It is the submission of the Appellant that Prosecution tendered her Birth
Certificate Exhibit A to prove that she was not yet eighteen as at December 5,
2010. According to Exhibit A, PW1 was seventeen years and 3 (three) months. The
Birth Certificate as a document, the Appellant submits, is only a document of
record but not proof of real age. However, if PW1 was really under eighteen
years, the issue of consensual sexual intercourse does not arise.
That according to S. 32(4) of the Child Rights Law of Ogun State: