THE STATE V. MUHAMMED MASIGA (TSOLO)

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Kaduna Division in criminal appeal no CA/K/160/C/2012 delivered on the 20th December, 2012 by which said Judgment, the Court set aside the conviction and sentence passed on the Respondent by the High Court of Jigawa State sitting in Hadejia.

SUMMARY OF FACTS

The brief facts of the case are that the Appellant on 16th day of March, 2010 at Yelleman Hausawa Village in Kaugama Local Government Area of Jigawa State was alleged to have had an unlawful sexual intercourse in an uncompleted building with one Amina Salihu a girl aged ten years who was an imbecile by luring her with sweets.

The trial Court in its Judgment delivered on 13th March, 2012 found the respondent guilty and sentence him to a fine of #20,000.00 (Twenty Thousand Naira) only or 6 years imprisonment for the offence of rape and #10,000.00 (Ten Thousand Naira) only on the offence of attempt to escape from law…