of giving evidence; that on her way from her mothers place at Unguwa Uku, she
met the appellant who pleaded and gave her money to buy him pure water and
which she obliged him as requested; that upon bringing the pure water, the
appellant held her hand, dragged her to an uncompleted building, removed her
wrapper and pants.In her own words as recorded by the trial Court. "He also
removed his trousers and he put his penis into my vagina. I then shouted and
someone came to my aid, and we, that is myself and the accused were taken to
the police station," See pages 6 - 7 of the record.
PW1 was cross examined by the defence; the learned trial judge also in further
cross examination asked the following question:"Court to PW1: What made you to shout attracted the person who came to your
aid
Witness (Pw1): I shouted because the (sic) of penis open penetration."
See page 6 of the record.
PW2 is one Ismaila Zubairu who upon receiving an information of the suspicious
criminal act entered the uncompleted building where he saw both the appellant
and Pw1; that which the appellant's trousers were at the knee level with him
trying to dress up, the victim had her pants down; that the witness met both the
appellant and PW1 facing each other while standing. The witness testified also
that he refused to accept the appellant's gift of money but insisted that both the
appellant and PW1 were brought out and exposed where people were gathered;
that the appellant and his victim were subsequently taken to the police station.
The witness was also cross examined.