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MUSA NATSAHA v. THE STATE

(2017) JELR 38110 (SC)

Supreme Court  •  SC.651/2013  •  28 Apr 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC MUSA DATTIJO MUHAMMAD JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC EJEMBI EKO JSC SIDI DAUDA BAGE JSC

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division, hereinafter referred to as the lower Court, in appeal No. CA/K/149/C/2012 delivered on 8th January 2013, affirming appellant's conviction and sentence by the Kano State High Court, hereinafter referred to as the trial Court, for the offence of rape contrary to Section 283 of the Penal Code. A brief summary of the facts on which the appeal revolves is given below.

To prove the offence against the appellant, the prosecution called three witnesses and tendered three exhibits. The three witnesses called by the prosecution are PW1, the prosecutrix, PW2 the victim's father and PW3, Corporal Faruk Ahmed, the police investigation officer through whom exhibit A, appellant's extra-judicial confessional statement, exhibit B, the hospital registration card of the prosecutrix and exhibit C, the medical report issued by the hospital after examining the pros…

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