previous charge sheet the effect of the amended charge filed on 9th/1/2024 is to render previous charge filed on 10th/6/2022 irrelevant it is no doubt section 215 of the ACJL 2019 of sokoto state empowers a court to alter amend or add to any charge in criminal case at any time before judgment is given in the case the amended charge shall replace the original and should be read and explained to the defendant as the new charge see UGURU V STATE (2002) 9 NWLR (pt 771) 90, PML (NIG) LTD V FRN (2017) LPELR 43480 (SC). Let me reiterate the long term position of the law by saying that whether or not the prosecution has proved its case beyond reasonable doubt against the defendant as required by law, is a question of evidence and the application of the law to the evidence adduced by the prosecution before a trial court, PW4 who is the victim of the offence and who testified before this court, after this court is satisfied that she is competent to give evidence because she appeared to appreciate the essence of telling the truth and rational answers to the questions put to her during this court’s preliminary investigation, testifies as follows; “ I know the defendant, I also know his name, his name is Wadata Dan Umma. I can remember on 8th/8/2020 I went to the bush to cut grasses, the defendant attacked me, he ran towards me, he pushed me to the ground he removed my wrapper, he also removed my pant, he removed his penis, and put inside my vagina he also had sexual intercourse with me in fact he rape me through my vagina and my anus, he left me their and I manage to take my things and went home to my parents house, I told my parent all what happened my father went to civil defence and lodge complaint-------“. Page 14 of 22

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