MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an
appeal against the decision of the Court of Appeal, Kaduna Division, hereinafter
referred to as the lower Court, in appeal No. CA/K/149/C/2012 delivered on 8th
January 2013, affirming appellant's conviction and sentence by the Kano State
High Court, hereinafter referred to as the trial Court, for the offence of rape
contrary to Section 283 of the Penal Code. A brief summary of the facts on which
the appeal revolves is given below.
To prove the offence against the appellant, the prosecution called three witnesses
and tendered three exhibits. The three witnesses called by the prosecution are
PW1, the prosecutrix, PW2 the victim's father and PW3, Corporal Faruk Ahmed,
the police investigation officer through whom exhibit A, appellant's extra-judicial
confessional statement, exhibit B, the hospital registration card of the prosecutrix
and exhibit C, the medical report issued by the hospital after examining the
prosecutrix, were tendered. All the exhibits were tendered and admitted without
objection
The appellant, without calling any other witness, testified on his own behalf.
The trial Court in a considered judgment, dated 30th March 2012, convicted the
appellant as charged and sentenced him to a ten year term of imprisonment.
Dissatisfied with the trial Court's decision, the appellant appealed to the lower
Court on a notice filed on 21st May 2015 containing nineteen grounds. The
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