Offence of Rape: Whether a Child Under the Age of 14 Is Capable of Giving Consent

CASE TITLE: MUHAMMED v. FRN (2024) LPELR-62200(CA)
JUDGMENT DATE: 17TH MAY, 2024
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 Justice, Sokoto State, delivered by Hon. Justice Muawiya Dahiru Mahmud on January 24, 2023.

The Defendant was arraigned before the lower Court on two counts charge of Rape and Sodomy.

The charge was read and explained to the Defendant wherein he pleaded not guilty. In its quest to prove the charge, the prosecution fielded three witnesses, tendered the Defendant’s extra-judicial statement and the medical report, and admitted and marked Exhibits P1, PIA, and P2, respectively. The Defendant testified in his defence but called no other witness. In a reserved but considered judgment delivered on 24th January, 2023, Learned trial judge found that the prosecution had proved beyond reasonable doubt all the necessary ingredients of the offence of rape

The Court convicted the Appellant for the offence of rape and sentenced him to twenty-one (21) years imprisonment under Section 5 (7) of the Violence Against Person (Prohibition) Law, 2021.

Miffed by the decision of the trial Court, the Appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:

The Court considered whether, from the totality of evidence, the trial Court was right to have held that the prosecution proved with credible and admissible evidence the charge levelled against the Appellant for which he was convicted and the sentence imposed on him.

DECISION/HELD:
The appeal was dismissed.

RATIOS:

• CONSTITUTIONAL LAW- PRESUMPTION OF INNOCENCE: Presumption of innocence of an accused person; ways/duty of prosecution to rebut same
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Meaning of rape and sexual abuse under the Violence Against Persons (Prohibition) Act/Law
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Essential ingredients of the offence of rape
• CRIMINAL LAW AND PROCEDURE- CONVICTION: Criteria/condition for sustaining conviction of an accused person
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: Whether in an offence of rape, a child who is under the age of 14 years is capable of giving consent
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF RAPE: When would the offence of rape be held to have been established
• EVIDENCE- PROOF: Ways of proving the commission of a crime
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Meaning/nature of proof beyond reasonable doubt
• EVIDENCE- HEARSAY EVIDENCE: Whether the evidence of an investigating police officer as regards what he saw or discovered during an investigation is hearsay
• EVIDENCE- CORROBORATION/CORROBORATIVE EVIDENCE: Whether it is necessary to have corroboration in a rape trial
• EVIDENCE- MEDICAL EVIDENCE: Whether a medical report is admissible even if it is not tendered through the maker

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