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CaseLaw

Insp Mohammed V. Kano State (2018) CLR 3(s) (SC)

Judgement delivered on 9th of March, 2018

Brief

  • Rape
  • Corroboration
  • Section 204 of the Evidence Act, 2011
  • Section 350 of the Criminal Code Act 1990
  • Section 50 Evidence Act, 2011
  • Section 178 (5) of the Evidence Act 2011
  • Section 275 of the Penal Code
  • Section 283 of the Penal Code
  • Section 273 of the Penal Code
  • Section 97(1) of the Penal Code
  • Section 167(d), Evidence Act, 2011,
  • Section 232 of the Evidence Act 2011
  • Sections 167(d) of the Evidence Act 2011
  • Order 2 Rule 32 Supreme Court Rules

Facts

The appellant and two others were charged before the High Court of Kano State with conspiracy, abduction, rape and illicit sexual intercourse of one Hindatu Sani (f), 16 years old. The offences are contrary to Sections 97(1), 273,283 and 275 of the Penal Code respectively. There were 10 counts in all. The appellant was charged in counts 1, 2 and 7 with conspiracy, abduction and rape.

The prosecutrix, PW5, was allegedly abducted by the accused persons, kept by the appellant and passed around several police officers at different places for sexual intercourse without her consent. The appellant and his co-accused were found guilty by the trial Court, convicted and sentenced to various fines and terms of imprisonment. The appellant's appeal to the Court of Appeal was found to be unmeritorious and was dismissed. The judgment of the trial Court was affirmed. Thus there are concurrent findings of fact by the two lower Courts.

Issues

  • Whether the testimony of PW5 is sufficiently corroborated by the testimony of...
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