T. O. ELIAS, CJN (Delivering the Leading Judgment): In charge No. U/40171, the accused was charged with having unlawful carnal knowledge of one Rose Iboi, a girl of between 11 and 12 years, without her consent contrary to section 299, Cap. 28 of the Laws of Western Nigeria 1959 applicable in the Mid-Western State of Nigeria, and was convicted of the offence and sentenced to four years' imprisonment with hard labour and 12 strokes of the cane by Oki, J., at the High Court, Ubiaja, on 29th February, 1972.
The evidence of the prosecutrix was that on or about 2nd November 1970, she, Rose Iboi (PW4), and Comfort Okoh (PW3) went to a bush near Udakpa village in Ubiaja to fetch firewood. The accused met them there and invited Rose Iboi to follow him to a spot nearby where he would show her some firewood. When she asked that PW3 should accompany them, the accused refused, and she alone went with him until they reached a certain spot where the accused fell her down, removed her pant and his ow…