defendant upon the prosecution beyond reasonable doubt in respect of the allegation made against the defendant. - Ajibade V. State (2013) 8 NCC 221 - Smart V. State (2016) LPELR 40827 - Akinlola V. State (2015) LPELR 25986 The rational behind placing this duty upon the prosecution is delivered from the constitutional presumption of innocence in favour of a defendant who is accused or charged with the commission of a crime by the provision of section 36 (5) of the CFRN 1999 as amended and the provision of section 135 Evidence Act 2011 which provides that he who assert a particular fact has a duty to prove it. - Borishade V. FRN (2012) 18 NWLR pt 1332 p 347 - State V. Azeez (2008) 14 NWLR pt 1108 p 439 - Bakare V. State (1987) 1 NWLR pt 52 pg 547 By the count charge with which the defendant was arraigned before this court the was alleged to have committed the offence of rape punishable under section 5 (7) Sokoto State Violence Against Persons (prohibition) Law, 2021. Whether or not the prosecution has proved its case beyond reasonable doubt against the defendant as required by law, is question of evidence and the application of the law to the evidence adduced by the prosecution before the trial court, PW4 who is one of the victims of the offence and who testified before this court after court is satisfied that they are competent to give evidence because they appeared to appreciate the essence of telling truth and give rational answers to the Page 10 of 23