Section 283 of the Penal Code but was at the end of trial, discharged and acquitted of the rape but convicted of the offence of gross indecency punishable under Section 285 of the same Penal Code. The Section provides: Whoever commits an act of gross indecency upon the person of another without his consent or by use of force or threats compels a person to join with him in the commission of such act, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine: Provided that a consent given by a person below the age of sixteen years to such an act when done by his teacher, guardian or any person entrusted with his care or education shall not be deemed to be a consent within the meaning of this Section. The essential ingredients which the prosecution must prove beyond reasonable doubt are: a. that the accused committed an act of gross indecency upon the person of another; (b) that the other person did not consent to the act; or (c) that the accused compelled that person by the use of force or threats to join him in the commission of the grossly indecent act. It is 13 unquestionable that to secure or sustain a conviction for the offence, the prosecution must positively prove beyond reasonable doubt, each and every listed ingredient of the offence. It is needless to emphasize that failure to prove any of the ingredients means failure to prove the offence even if the other ingredients are proved beyond shadow of doubt and ultimately, the accused will be entitled to a discharge and acquittal. See BELLO VS THE STATE (2012) 8 NWLR (PT. 1302) 207, 237; UTUK VS THE STATE (2010) 34 NWLR 171 AT 179; HARUNA VS A.G. (2012) 9 NWLR (PT. 1306) 419, 444 445 PARA G. Act of gross indecency has not been defined by the Penal Code but the Blacks Law Dictionary 7th Edition at page 771 defines indecency as the condition or state of being outrageously offensive especially in a vulgar or sexual way. Indecent assault involves sexual assault. Indecent assault is an offence of aggravated assault and overlaps with sexual assault. It follows that an act of gross indecency denotes an aggravated assault that is grossly or grievously offensive in a vulgar or sexual way. It is an unlawful and unacceptable sexual