the accused on the one count charge pursuant to Section 31(2)
of the Child Right Act as the prosecution has proved his case
beyond reasonable doubt.
I have carefully considered the processes filed, evidence of
witnesses and submission of learned counsel on both sides, I am in
one with the prosecution’s counsel that the sole issue for
determination is whether the prosecution has proved his case as
charged beyond reasonable doubt against the accused person.
It is worthy of note that both the prosecution and the defence are
in one that for the accused person to be convicted of the offence
of unlawful sexual intercourse with a child pursuant to Section
31(1) and (2) of the Child Right Act LFN, the prosecution need to
establish the following ingredients:
(a)
That the accused had sexual intercourse with the
prosecutrix.
(b)
That the act of sexual intercourse was done without her
consent or that the consent was obtained by fraud, force,
threat, intimidation, deceit or impersonation.
(c)
That the accused had the men’s rea, the intention to
have sexual intercourse with the prosecutrix without her
consent or that the accused acted recklessly not caring
whether the prosecutrix consented or not.
(d)
That there was penetration.
The above was established in the case of POSU v STATE (Supra).
It is an elementary principle of law that it is not the duty of an
accused to prove his innocence. The prosecution must establish
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