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HARUNA SIMON TSAMMANI, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on the 22nd day of January, 2020 in Appeal No. CA/B/06C/2018 wherein the Appellant was convicted for the offence of indecent assault on a child of eleven (11) years punishable under Section 222 of the Criminal Code of Bendel State as applicable to Edo State. The charge under which the Appellant was arraigned and tried read as follows:
That you Omobude Sunday (a.k.a Baba) "M" sometimes in the month of December, 2014 at No. 375, Upper Siluko Road, Benin City in Egor Magisterial District did unlawfully had carnal knowledge of one Omoregbe Violet "F" aged 11 years by inserting your penis into her vagina and thereby committed an offence punishable under Section 358 of the Criminal Code, Cap. 48, Vol.11, Laws of the defunct Bendel State of Nigeria,1976 as applicable in Edo State.
Briefly, the prosecution adduced evidence at the trial to the eā¦