Meaning And Ingredients of the Offence of Act of Gross Indecency

CASE TITLE: BALA v. STATE (2022) LPELR-56737(CA)

JUDGMENT DATE: 11TH FEBRUARY, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the offences of criminal trespass and act of gross indecency.

FACTS

This appeal is against the judgment of the High Court of Jigawa State in Charge No. JDU/109C/A/2019, delivered on 30th September, 2020, presided over by Hon. Justice Umar M. Sadiq.

On or about the 13th day of January, 2019, around 1700 hrs, at Ruwan Dawa Village, Jahun Local Government of Jigawa State, within the Jigawa Judicial Division, the Appellant unlawfully entered into the house of one Suleiman Ibrahim. The Appellant then entered into the room of the prosecutrix, a girl under the age of 16 years and equally of unsound mind, made an attempt to have sexual intercourse with her. However, the Appellant was caught in the room, after his contact with the girl woke her up and caused her to cry, which cry alerted the father (PW1) to come to the rescue of the prosecutrix. Hence, the Appellant was arrested and charged before the High Court for the offences of criminal trespass contrary to Section 342 of the Penal Code and rape under 282(1)(e) of the Penal Code, Cap. P3, Laws of Jigawa State, 2012 punishable under Section 283 of the Panel Code (Miscellaneous Amendments) Law , No 9, 2014.

At the end of trial, the learned trial Court held for the Prosecution and convicted the Appellant on the offence of criminal trespass, but in respect of the offence of rape, convicted him for a lesser offence of gross indecency, and sentenced him accordingly.

Dissatisfied, the Appellant filed an appeal at the Court of Appeal.

ISSUES FOR DETERMINATION

The Appellant formulated the sole issue for determination thus:

“Whether the evidence led by the Respondent has established the essential ingredients of the offence of gross indecency to warrant the conviction of the Appellant by the trial Court for the said offence.”

The Respondent formulated the sole issue for determination thus:

“Whether the Prosecution had proved the offences of Criminal Trespass and Gross Indecency against the Appellant beyond reasonable doubt?”

DECISION/HELD

The appeal was unanimously dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – CONVICTION FOR LESSER OFFENCE: Whether a Court can convict an accused person of a lesser offence with which he was not charged
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF ACT OF GROSS INDECENCY: Ingredients of the offence of act of gross indecency; whether a minor or person of unsound mind is capable of giving consent to the offence
• EVIDENCE – CONFESSIONAL STATEMENT: Whether confession is the best form of evidence in a criminal trial; whether it is sufficient alone to sustain a conviction