MOSHOOD AHMED V. THE STATE

TUNDE O. AWOTOYE, JCA (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant on 30/5/2014 against the decision of the High Court of Justice Sokoto sitting at Bodinga which was delivered on 7/5/2014.

The accused/appellant was arraigned before the Court below on a charge which read as follows:-

"CHARGE

That you Mashood Ahmed on or about the 16th day of November, 2013 at about 1700 hours at Sokoto Guest Inn Quarters of Wamakko Local Government Area of Sokoto State in Sokoto Judicial Division committed the offence of Rape to wit: you forcefully dragged one Hamida Aliyu aged 13 into the bathroom and raped her and thereby committed an offence punishable under Section 283 of the Penal Code"

The charge was read and explained to the accused who pleaded not guilty. The prosecution then called witness who gave evidence in support of prosecutions case. The accused later gave evidence in his own defence. The Lower Court, after hearing both sides, he…