Sgd 4/3/2015.
It is intriguing that although the appellant denied having had a carnal knowledge
of the prosecutrix Ezinne, in Exhibit P4, he alluded to the statement he had earlier
made at Afikpo South Divisional Police Station on 23rd Feb., 2015 and that he
made that statement voluntarily. That is Exhibit P3. A part from that, it is glaring
to me that from the gamut of Exhibits P3 and P4, it is doubtless, that the
prosecutrix Ezinne spent the night of 20th February, 2015 with the appellant, in
the latters room. The prosecutrix alleged that she was raped three times on that
fateful night, but the appellant in Exhibit P4 said, he did not.
Now, Section 34 of the Ebonyi State Childs 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:
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