there was sexual intercourse between the PW1 and the appellant was established by the prosecution." Per YAKUBU, J.C.A. (Pp. 27-31, Paras. C-C) (...read in context) 7. CRIMINAL LAW AND PROCEDURE - OFFENCE OF RAPE: Essential ingredients of the offence of rape "Now, Section 34 of the Ebonyi State Child's Rights and Related Matters Law, 2010 upon which the appellant was charged and arraigned for prosecution provides thus: Section 34 (1) No person shall have sexual intercourse with a child. Section 34 (2) A person who contravenes the provision of Subsection (1) of this Section commits an offence of rape and is liable on conviction to imprisonment for life. Section 34 (3) Where a person is charged with an offence under this Section, it is immaterial that: (a) the offender believed the person to be of or above the age of eighteen years or (b) the sexual intercourse was with the consent of the child. Therefore, to prove the offence of rape, the prosecution is required to establish that: (a) sexual intercourse has taken place, (b) that the victim was a child, and (c) that the accused person was the man who committed the offence." Per YAKUBU, J.C.A. (Pp. 26-27, Paras. D-C) (...read in context) 8. CONSTITUTIONAL LAW - RIGHT TO DEFENCE/LEGAL REPRESENTATION: Whether an accused person must be represented by counsel where he is charged with a capital offence "...It is only in cases of where sanction is death penalty that the Courts have mandated that the accused MUST be represented by legal counsel. See Nemi &