The Appellant, charged with and convicted of rape, was
sentenced to 30 years’ imprisonment. Having unsuccessfully appealed to the High
Court he appealed to the Court of Appeal on two grounds. He challenged his
conviction which he said was based on PW2 truthfully admitting that she had had
sexual intercourse with the Appellant several times including the 7th
May 2001, the subject of the rape charge. He also attacked his sentence of
30-year imprisonment arguing that he was 17 years of age when he carnally knew
the victim. He also pointed out that PF3 was admitted in evidence without the
trial magistrate informing him of his right to summon the medical doctor who
prepared the PF3 for cross-examination. The Court of Appeal considered all the
grounds of appeal.