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INSPECTOR DANTALLE MOHAMMED v. KANO STATE

(2018) LPELR-43913(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of March, 2018

SC.801/2015


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

INSPECTOR DANTALLE MOHAMMED - Appellant(s)

AND

KANO STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Rape.

FACTS:
This is an appeal against the decision of the Court of Appeal affirming the decision of the Kano State High Court convicting and sentencing the appellant for the Offence of Rape.

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.

Being dissatisfied with the decision of the Court of Appeal, the appellant further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal based on the sole issue raised by the Appellant thus:
Whether the testimony of PW5 is sufficiently corroborated by the testimony of other witnesses?
DECISION/HELD:
In the final analysis, the Supreme Court held that there was no merit in the appeal and it was accordingly dismissed. The judgement, conviction of, and sentence on the appellant was affirmed.



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