14 activity or behaviour forced upon another person against his or her will or consent and includes the act of inserting ones hand or finger in the vagina of the other without that others consent or against her will. In other words, act of gross indecency includes any unlawful sexual activity or behaviour short of penetration of the penis. It has been established over time that the prosecution may establish the guilt of an accused person either by the confessional statement of the accused; by circumstantial evidence; or by the evidence of eye witness account of the commission of the crime. SeeIGABELE VS THE STATE (2006) 6 NWLR (PT. 975) 100; ADEKOYA VS THE STATE (2012 VOL. 3 M JSC (PT. 11) 77; NIG. NAVY & 2 ORS VS LT. COMMANDER S.A. IBE LAMBERT (2007) ALL FWLR (PT. 396) 574, AT 586. In the case at hand, the prosecution relied on the evidence of the Victim, circumstantial evidence and to some extent the statement of the Appellant. What is the evidence on record? The evidence of PW6, the Victim of the offence, as recorded at pages 25 26 of the record runs thus: My name is Hajara Salisu. We live in 15 Panshekara. I know the accused he is by name Baban Fatima. He is in our school. The accused raised my leg by a tree near our school. He then put his hand in my private part. Court: The witness pointed to her private part. I felt pain I cried. The accused told me to say that its one boy that did that to me if I am asked. That if I said its him he will beat me up. When I went home my private part was paining me. Court: Witness was unable to answer any further question and started crying.