and it is trite that where a confessional statement is retracted, it is the
duty of the court to among other things look for outside evidence
which corroborates the statement STEPHEN HARUNA V THE
ATTORNEY GENERAL OF FEDERATION (2012) LPELR 7821
(SC). Counsel went further to submitted that Exhibit B tendered as
proof of the crime, cannot be imputed probative value by this court in
that it discloses the culprit to be one Wadata Sahabi and not the
defendant before the court and that even though there is medical
evidence on record to show penetration of PW4, there is no irresistible,
logical and unequivocal evidence before this court that the offence was
committed by the defendant in this matter.
Finally defence counsel urged the court to discharged and acquitted the
defendant.
Meanwhile, the learned prosecuting counsel Mr. M.G. Gidan Madi
Esq, in prosecution final written address, equally submitted that it is
trite law that the guilty of the accused person can be proved in
following ways;
A- Confessional statement.
B- By evidence of an eye witness of a crime.
C- By circumstancial evidence as in the case of ADENIYI
ADEKOYE V THE STATE (2012) LPELR 7815 (SC) and that
to discharge the burden placed on the prosecution by section 135
(1) of the Evidence Act 2011 as amended, the prosecution must
proved its case beyond reasonable doubt by proving the
following;
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