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ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment):Â This is an appeal against the Judgment of the Ekiti State High Court, Ikere-Ekiti, delivered by Hon. Justice M. A. Agbelusi on April 3rd 2012, in which the Appellant (the Defendant at the Court below) was convicted of the offence of rape contrary to the Criminal Code, Laws of Ondo State, 1978 as applicable in Ekiti State and sentenced to twenty-five years imprisonment with hard labour.
At the Court below, the following was the one count charge against the Appellant:
STATEMENT OF OFFENCE
Rape contrary to Section 358 of the Criminal Code, Cap, Vol. II Laws of Ondo State 1978 as Applicable in Ekiti State.
PARTICULARS OF OFFENCE
Ishola Dauda (M) on or about the 12th day of May, 2008 at about 7.00am, at No. a2 Ogbotitun Street, Ikere-Ekiti did unlawfully have carnal knowledge of one Ibukun Esther (F) aged 88 years without her consent.
See pages 1-5 and 43 of the printed Record before this Court.
​A brief gist of the fa…