CASE TITLE: NSEUDOH v. STATE (2020) LPELR-49633(CA)
JUDGMENT DATE: 18TH MAY, 2020
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE.
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on the Offence of Rape.
FACTS
This is an appeal against the judgment of the High Court of Akwa Ibom State sitting at Eket Judicial Division delivered on 20th December, 2017 wherein the appellant was found guilty of rape and sentenced to ten (10) years imprisonment without an option of fine.
The gist of the case as briefly presented by the prosecution before the trial Court is that the appellant on different occasions raped one Emediong Assam Ikpe; a child of 7 years old to wit, laid her down on a mat, rubbed Vaseline on her vagina as well as his penis and when she attempted to scream, he covered her mouth with his hand and threatened to kill her if she ever told anyone.
At the trial, the prosecution called five (5) witnesses including the prosecutrix who testified as PW1 and a medical doctor who testified as pw4. The appellant on his part testified as DW1 and in addition called his wife who testified as DW2. At the conclusion of the trial, both sides filed and adopted their written argument. The learned trial judge in a reserved and considered judgment delivered on 20th December, 2017, found the appellant guilty. Miffed by his conviction, he filed this appeal.
ISSUES FOR DETERMINATION
The appeal was determined on the following issues:
1.Whether or not the prosecution proved the case against the appellant beyond reasonable doubt as required by law to ground a conviction.
2.Whether or not the trial Court was bias or right to rely on the unsworn evidence of PW1.
DECISION/HELD
The appeal was unanimously dismissed.
RATIOS
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Ingredients the prosecution must prove to succeed in a charge of rape
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: When would the offence of rape be said to have been committed
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Meaning of penetration
