1- That the accused person had sexual intercourse with the
woman/girl in question.
2- That it was done with or without her consent, when she is under
14 years of age.
3- That the girl was not the wife of the accused.
4- That there was penetration. Learned prosecuting counsel referred
the court to section 260 of the penal code and EDWIN EZIGBO
V STATE (2012) 7 NCC pg 426 at 429 decision 3, counsel
submitted that from the evidence adduced before the court it is
crystal clear that defendant had sexual intercourse with the
prosecutrix, Maryam Umar PW4 and it was established through
her testimony in court counsel referred the court to the case of
SEGUN AJIBADE V STATE (2013) 8 NCC pg 221 at 226
decision 6, also that the oral evidence of PW4 was never
challenged or controverted neither on the cross examination nor
in the defendant written address and unchallenged and
uncontroverted evidence are deemed true. Learned counsel
referred the court to the cases of OKUPE V I FEMEHI (1974) 3
sc pg 7 @ 103, ALAGBE V ABIMBOLA (1978) 2 SC @ 40.
Submitted further that the evidence of PW4 was corroborated by the
evidence contained in Exhibit B which is the medical report of the
victim which reveals penile vaginal penetration.
On the second ingredient of the offence it was established that PW4
was a child of 10 years in the year 2020when the incident happened
through her father, this was also corroborated by the evidence as
contained in the personal details of the victim in Exhibit B, therefore
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