to 10 years imprisonment with hard labour. His appeal to the Kano Division of the
Court of Appeal (the lower Court) was dismissed on 30/3/2012. He is still
dissatisfied and has further appealed to this Court.
I have had the benefit of reading in draft the judgment of my learned brother,
M.D, Muhammad, JSC just delivered. He has exhaustively considered and ably
resolved all the issues in contention in the appeal. I agree with him that the
appeal lacks merit and deserves to be dismissed.
Although learned counsel for the appellant formulated 4 issues for determination,
the real issue is whether the Court below was right in affirming the finding of the
trial Court that the prosecution proved its case beyond reasonable doubt.
The ingredients of the offence of rape or unlawful carnal knowledge are as
follows:
a. That the accused had sexual intercourse with the prosecutrix.
b. That the act of sexual intercourse was done without her consent or that the
consent was obtained by fraud, force, threat, intimidation, deceit or
impersonation
c. That the prosecutrix was not the wife of the accused.
d. That the accused had the mens rea, the intention to have sexual intercourse
with the prosecutrix without her consent or that the accused acted recklessly, not
caring whether the prosecutrix consented or not.
e. That there was Penetration.
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