Gambo Idi V. The State (2017) LLJR-SC

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CLARA BATA OGUNBIYI, J.S.C.

The appellant in this appeal was charged before the Kano State High Court for committing the offence of Rape contrary to Section 283 of the Penal Code Law on a charge filed and dated 5th November, 2010.

In a charge No. K/25C/2010 dated 5/11/14, the appellant was alleged to have committed the offence of rape as follows:-

That you, Gambo ldi ‘M adult of Kofar Gesto Quarters Karaye Local Government of Kano State, on or about 16/6/2010 in your room at the same address within Kano Judicial Division did commit an illegal act to wit: having sexual intercourse with one Hafsat Musa aged 7 years against her will thereby inflicted injuries on her and you thereby committed the offence of rape punishable under Section 283 of the Penal Code Law.”

The appellant pleaded not guilty when he was arraigned on 18/3/13, and the prosecution called 4 (four) witnesses Pw1,Pw2, Pw3 and Pw4 and tendered three Exhibits – A and B being confessional statements of the appellant and the Medical Report issued after examination of the victim at the hospital and closed its case.

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The appellant testified in his defence as Dw1 and called three other witnesses as Dw2, Dw3 and Dw4.

In a considered judgment of the High Court of Kano State delivered on 30/12/13, the appellant was found guilty of the offence as charged, convicted and sentenced to 10 years imprisonment and in addition to pay a fine of N200, 000.00.

The appellant was dissatisfied with the judgment of the trial Court and appealed to the Court below which heard the appeal on the 11th February, 2015 and delivered its judgment on the 20th day of March, 2015. The justices of the lower Court in their unanimous decision affirmed the conviction and sentence of the appellant, by the trial Court.

The appellant was again dissatisfied with the said judgment and hence has now appealed to this Court on 20th day of April, 2015 against same and filed four grounds of appeal.

In accordance with rules of Court, briefs were filed and exchanged by the parties.

The appellant’s brief of argument was settled by Wilson O. Diriwari, Esq. and filed on 9/7/2015. On behalf of the respondent, one Lawan D. Sulaiman – Yakasai, Esq., Director Public

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Prosecution (DPP) Ministry of Justice, Kano State settled the brief and filed same on 4/12/15