virgina but no injury was observed in the virgina and its
sorrounding area. From the above evidence adduced by the
prosecution before this court can one reach the conclusion that
there was penetration of the defendant’s penis into the virgina of
the victim in this case? As I have stated earlier our apex courts in a
plethora of judicial decisions stated that slight penetration is
enough to constitute the offence of rape. In the case of POSU and
ANOR v STATE (20120) LPELR 4863 CA, the court of Appeal held as
follows: “In IKO v STATE (supra) page 245, the Supreme Court was
emphatic that it is not necessary to prove an injury or rupture of the
hymen to constitute the crime of rape and reemphasised that
penetration however slight is sufficient”.
In the case at hand, it is clear that the defendant in exhibit A and
A1 his extra-judicial statement to the police clearly stated that he
rubbed his penis on the virginal of the victim. Could rubbing the
penis on the virgina be equated with penetration? I think it cannot.
However, the victim Nana Firdausi Bello who was 7 years old at the
time the offence was committed remember vividly what the
defendant did to her when she stated that the defendant removed
her panties and inserted his penis into her virgina. When something
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