This was an appeal against the judgment of the High Court
whereby the appellants were convicted of the offence of
defilement c/s 123 (1) of the Penal Code Act and sentenced to
death. They now appeal to this court against the said conviction
Court considered whether the main issue in this case is whether
there existed conditions favoring correct identification of the
appellant on the night this crime was committed.
Court ruled that the conditions for correct identification were
satisfactory especially for PW2 who knew the appellant before.
The appellant himself confirmed in his defence that PW2 knew
him before the date of this incident. The learned trial judge
directed himself on the evidence and the law and although she
does not appear to have expressly warned herself of the danger of
the special need for caution before conviction, she had no doubt in
her mind that the identification was free from any possibility of a
Court accordingly dismissed the appeal.