the House of Lords held that the unsworn evidence of a child could amount to
corroboration of the sworn evidence of another child."
This was in a case where conviction was based mainly on the sworn evidence of
two young girls. The prosecutrix was between the age of 11 and 12 years of age.
In the appeal on hand, there was a finding that the prosecutrix was of the age of
12 years when she was victimised. PW2 gave evidence and gave vivid picture of
what and how he saw the appellant and his victim on arriving at an uncompleted
building where he saw the appellant and the prosecutrix, with the trouser of the
appellant at his knee level and was trying to drag it up. The prosecutrix had her
pants down. Both were facing each other. Is this not enough corroboration Yes. It
is. The Court below found that exhibits B and C were consistent with the evidence
of PWS 1 and 2, and corroborated the evidence of the prosecutrix. This is enough
to sustain the conviction of the appellant.
For the above and the fuller reasons given by my learned brother, Ogunbiyi, JSC I
too find no merit in the appeal which I equally dismiss.
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C.: This is an appeal against
the concurrent decisions of the two Lower Courts, the Kano State High Court and
the Court of Appeal Kaduna respectively.
The appellant as an accused person in the High Court of Kano State was convicted
for rape punishable under Section 283 of the Penal Code.
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