not be deemed to be a consent within the meaning of this Section." Per WAMBAI, J.C.A. (Pp. 29-30,
Paras. C-E) (...read in context)
10. EVIDENCE - PROOF BEYOND REASONABLE DOUBT: Meaning of proof beyond reasonable doubt
"Proof beyond reasonable doubt is not proof beyond a shadow of doubt. It is not, proof beyond all
possible or imaginary doubt. It is proof to moral certainty, as satisfies the judgment and conscience of
the Judge as a reasonable man, and applying his reasons to the evidence before him, that the crime
charged has been committed by the accused and so satisfies him as to leave no other reasonable
conclusion possible. See AFOLALU VS THE STATE (2010) ALL FWLR (PT. 538) 812 - 828 G - B." Per
WAMBAI, J.C.A. (P. 42, Paras. C-E) (...read in context)
AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal before us emanated from
the decision of Hon Justice Dije Abdu Aboki of the Kano State High Court delivered on the 26th March,
2015, wherein the Appellant was convicted and sentenced to 7 years imprisonment and a fine of N100,
000 or eighteen months imprisonment in default of payment of the fine for the offence of act of gross
indecency under Section 285 of the Kano State Penal Code Law.
The Appellant who was charged for the offence of rape punishable under Section 283 of the Penal Code
pleaded not guilty to the charge. In proof of its case, the prosecution called 7 witnesses and tendered 2
Exhibits while the Appellant called 5 witnesses including himself as DW1.
The prosecutions case is that the Appellant is a next door neighbour of Salisu Abubakar (PW2) and a
teacher at Police Childrens School Chalawa, Kano where PW2s daughter, Hajara aged 5 years, is a
Nursery Pupil. Sometimes the Appellant drops Hajara (the Victim of the offence) at home from school
with his motor-cycle. On the 11th June 2013 after the closing hours, at about
1