For these and the more elaborate reasons stated in the lead judgment, I also find
the appeal to be lacking in merit. It is accordingly dismissed. The judgment of the
lower Court is affirmed.
EJEMBI EKO, J.S.C.: I read in draft the judgment just delivered in this appeal by my
learned brother, MUSA DATTIJO MUHAMMAD, JSC. The Judgment represents all I
need to say in the appeal. It represents my views and I hereby adopt it.
There is no doubt that the PW.1, the prosecutrix, was a child when she was
allegedly raped and when she confessional statement of the Appellant himself,
Exhibit A and the medical report, Exhibit C.
In Exhibit A the Appellant admitted that he had carnal knowledge of the PW.1
who, then, was 3 years old. The PW.2, upon the complaint of the PW.1 that she
was raped by the Appellant, physically examined her and found sperm deposited
on PW.1's vagina. The PW.2 was not discredited by cross-examination. The PW 3,
the investigating Police Officer, testified that the Appellant confessed to him that
that he raped the PW.1. The PW.3 recovered the Appellant's trousers that had
fresh sperm on it. The medical report, Exhibit C, also confirms bruises on PW1's
vagina which are indicative of the admitted carnal knowledge of the PW1 by the
Appellant. The concurrent findings that the Appellant raped the PW1 cannot,
therefore, be faulted.
Appellant's counsel's contention that Exhibit A unreliable does not impress me.
The Appellant admitted that he appended his signature on Exhibit A in Arabic
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