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JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): The Appellant and one other person were convicted on the 16th May 2013 in the High Court of Ondo State holden at Akure for conspiracy to commit armed robbery and armed robbery contrary to Section 1(2) (a) and (b) and Section 6 (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Vol. 14 Laws of the Federal Republic of Nigeria 2004.
The facts of the case as can be gathered from the evidence of eight witnesses called by the prosecution are as follows:
On 27th July, 2011 between 12:30am and 1:30am the Appellant and many others commenced the robbery operation in which the house of Pw1 and Pw2 (husband and wife) and that of Pw4 were invaded. The police was called.
Some of the armed robbers broke into the house of the Pw1 and Pw2. They beat Pw2 and attempted to rape her while Pw1 was hiding in the ceiling. The robbers saw him and told him to come down and face his judgment.
They removed the wedding ring of the Pw2. She…