agreement with the prosecuting counsel that all the 3
defendants are involved in the conspiracy to abduct PW3. I so
hold. I also hold that the prosecution has proved the offence
of criminal conspiracy contrary to section 97(1) of the penal
code law Cap. 104 laws of Sokoto State 1996 and found all the
3 defendants guilty as charged.
As to the 2nd charge of abduction, the prosecution by the
provisions of section 272 of the said penal code law, is
required to show that someone was by force compel to move
from any place, or by deceit induced to move from any place
by the defendant in question before the offence can be said
to have been proved beyond reasonable doubt by the
prosecution against the defendant.
From the earlier quoted portion of the evidence of PW3
referred to in this judgment, it is very clear that PW3 was
forcefully moved from the verander of their house to a bush
at the outskirt of Kebbe Town where she was rescued as
disclosed by the evidence of PW4, PW5, PW3 and the
contents of the Exhibit E1, respectively.
Furthermore, the evidence of PW4 and PW5 when considered
together with the contents of Exhibit E1, one will find no
difficult in drawing conclusion that it was the 3 defendants
who abducted PW3 on the date of the incident. This is
because while 1st and 2nd defendants were identified by PW4
and PW5 at the scene of the crime where the victim was
rescued, 3rd defendant confessed to their joint involvement in
the commission of the offence of abduction against PW3 in
his confessional statement which was admitted in evidence as
exhibit E1.
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