State, Abeokuta Division delivered on the 28th June, 2016 by Hon. Justice O. O.
Olopade.
On the 19th day of November 2015, the Appellant was arraigned on a sole charge
of having sexual intercourse with a child. The offence is contrary to and
punishable under Section 32(2) of the Child Rights Law, Laws of Ogun State 2016.
The Appellant pleaded not guilty to the offence.
The Prosecution called three witnesses while the Defence also called three
witnesses. The learned trial Court preferred the case of the prosecution and
found the Appellant as an accused person, guilty and sentenced him to a term of
ten years imprisonment.
The Appellant raised three issues while the Respondent formulated a sole issue.
The issues respectively of the Appellant and the Respondent are as follows:
1. Whether the prosecution proved the offence for which the Appellant was
charged with beyond reasonable doubt.
2. Whether the conviction by the lower Court was supported by the evidence.
3. Whether the sentence of 10 (Ten years) imprisonment with hard labour was
too heavy having regard to the circumstances of this case.