R.v.Haruna Ibrahim, Crim. Rev. 115-M-66; 7/3/67;

R.v.Haruna Ibrahim, Crim. Rev. 115-M-66; 7/3/67;

Accused was convicted of attempted rape (P.C. s. 132). The evidence was that he had dragged the complainant to a ditch, placed his hand over her mouth and pulled down her underclothes while lying on to of her, when he was observed by a passerby and fled. There was no evidence that at the time he fled. Undressed.

            Held: (1) The acts of the accused did not constitute attempted rape, since he had not yet undressed. Rather the acts constituted mere preparation for that crime. Citing Adamu Mulira v. Reg. (1953) XX E.A.C.A. 223. (2) The acts did, however, constitute the crime of indecent assault (P.C. s. 135(1) ). A conviction for indecent assault was substituted. Crim. Proc. Code, s. 185).