Friday, October 26, 2012
Rapist Gets Away With N80,000 Fine
Delivering judgment, Chief Magistrate Mike Osayi held that the prosecution, led by Sergeant Shaibu Mohammed, proved its case of defilement against the convict as required by law. Click to read more.
The prosecution had told the court that Udoh committed the offence on May 31, at Falodun Country Home Motel, Benin, and that the one-count charge contravened Section 218 of the criminal code.The court held that the evidence of the convict that he went to collect money from someone at the house opposite where he worked when the incident happened was untrue.
The court also faulted the witnesses called by the convict, noting that their testimonies were conflicting.The court further held that the proximity between the convict’s residence and his office could not rule out the possibility of the convict dashing home to commit the offence and returning to work.
The court also held that there was identification parade conducted in the house and the little girl pointed at the convict as being responsible for her defilement.Osayi described the victim as intelligent due to her evidence in court as well as the manner she responded to questions put to her by the court during cross examination.Consequently, the court found Udoh guilty and sentenced him accordingly.