(a)
that there was unlawful sexual intercourse involving
the prosecutrix;
(b)
that the prosecutrix could not or did not consent; and
(c)
that the accused participated in the unlawful sexual
intercourse.
These ingredients may be established by either direct or circumstantial
evidence or upon the confession of the accused person himself
(AHMED v. THE NIGERIAN ARMY (2011)1 NWLR 89).
It is trite law that the prosecution must prove beyond reasonable doubt
each and every essential ingredients of the offence charged before a
meaningful conviction can be secured (MOMODOU JALLOW v.
COMMISSIONER
OF
POLICE
(1960-
1993)
GLR
39
and
WOOLMINGTON V DPP (1953) A.C. 462).
Having carefully read through the submissions of both sides and
having also carefully considered the totality of evidence adduced
before this Court, it seems to me that only one issue stands out for
determination in this case, and that is, whether the accused had sexual
intercourse with the prosecutrix?
I now attempt an answer to this case by looking at the evidence on
record. There is the eye witness account of the alleged rape by PW4.
The evidence of the prosecutrix though unsworn is similar in material
particulars with that of PW4. On the evidence, I found as a fact that
upon medical examination of the prosecutrix on the 2 November, one
3