After the close of the prosecution’s case, the defence counsel opened
their defence and called one (1) witness who happened to be the
defendant himself and tender no Exhibit. Thereafter, the case was
adjourned for adoption of written address. During the adoption, the
defence counsel adopted their written address as their oral legal
argument and submissions and finally urge the court to discharge and
acquit the defendant. The prosecution on the other hand, also adopted
their written address as their oral legal argument and submissions and
finally urge the court to convict the defendant as charged.
The defence counsel in his adopted written address, formulated only
one (1) issue for determination at paragraph 3.1.1 of his adopted
written address and is hereby reproduces as follows:“Whether the prosecution has proved all
the essential ingredients of the offence of
rape beyond reasonable doubt.”
The prosecution on the other, also formulated one (1) issue for
determination and is hereby reproduced below as follows:“Whether looking at the totality of the
evidence adduced before this Honourable
Court, the prosecution has proved the
offence of rape contrary to Section 260
against the defendant beyond reasonable
doubt.”
For the purpose of this Judgment, I have adopted the sole issue
formulated by the prosecution with little paraphrasing because the
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