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HABU IDI v. THE STATE

(2020) JELR 87195 (CA)

Court of Appeal  •  CA/YL/88C/2017  •  19 Feb 2020  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA JAMES SHEHU ABIRIYI JCA ABDULLAHI MAHMUD BAYERO JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 25th May, 2016 in the High Court of Taraba State holden at Jalingo where the Appellant was tried, convicted and sentenced to a prison term of seven (7) years for the offence of rape contrary to Section 283 of the Penal Code.

In a resume, the facts of the case for the prosecution include the following: The PW1 and PW3 were sent on an errand by the mother of the PW3. Somewhere on their way they stopped. The Appellant came on a motorcycle, picked the PW3, held her with one hand and drove away with her. He drove around with her despite her cries. At a point, he stopped and somebody came with a machete and asked why she was crying. The Appellant told the person to forget about her. Then the Appellant took her behind a filling station. Appellant pushed her to the ground. Appellant removed his trousers. Appellant removed her pant. The Appellant brought out his penis and had an il…

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