The Appellant herein, was arraigned before the High Court of the Federal Capital Territory on a two count charge of rape contrary to Sections 282 (1)(a)(b) and (c) and punishable under Section 283 as well as criminal force contrary to Section 265, all of the Penal Code Law. On the 12th of April, 2006, the two count charge was read and explained to the Appellant and he pleaded not guilty. In order to prove its case, the prosecution called four witnesses and tendered in evidence the statements of the prosecutrix, the prosecutrix's father, as well as that of the Appellant and they were admitted and marked Exhibits A, B and D respectively. Exhibit D was later expunged along with the evidence of PW3 who did not turn up for cross-examination.

After a careful consideration of the evidence before him, the learned trial Judge in his reserved and considered judgment found the Appellant guilty as charged and sentenced him to ten years' imprisonment on count 1 and one-year imprisonment on count 2. Both sentences were ordered to run concurrently.

The Appellant was dissatisfied with the decision of the trial Court. Being aggrieved, he appealed to the Court of Appeal, Abuja Division and submitted two issues for determination of his appeal. The two issues were resolved against him and his appeal was dismissed. Again, the Appellant is dissatisfied with the decision of the Court of Appeal and has now brought this appeal.