AN IKEJA Sexual Offences and Domestic Violence Court has sentenced a 26-year-old carpenter, Tayo Akinboyewa, to life imprisonment for having unlawful sexual intercourse with his neighbour, a 12-year-old primary pupil.
The News Agency of Nigeria (NAN) reports that Justice Rahman Oshodi held that the prosecution proved the charge of defilement against Akinboyewa.
Oshodi said he was satisfied that the prosecutrix (survivor)’s testimony that the defendant had sexual intercourse with her was corroborated by the medical report (exhibit h-h2)
According to him, there was abundant evidence that the defendant had sexual intercourse with the prosecutrix, who, to his knowledge, was a child and the prosecutrix gave a direct eyewitness account.
He said the defendant confessed in exhibit G that he had sexual intercourse with the prosecutrix twice.
He added that the medical report and the defendant’s confessional statement corroborated the prosecutrix’s.
The judge said the evidence and testimony of the prosecutrix’s mother and the Investigative Police Officer linked the defendant to the crime.
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Oshodi, thereafter, rejected the evidence of the defendant and used his confessional statement.
“The prosecutrix in her evidence said the defendant, whom both stayed on the same street in Oshodi, came to her house to borrow fetcher to draw water in her house and in the process, used the rope of the fetcher to draw her closer and forcefully had sex with her in the backyard.
“She narrated that the first occasion was in December 2020, while the second time was in January 2021, when he came to her mother’s shop near the canal and had sex with her.
“Outside the defendant’s confessional statement, I have looked for other credible evidence that the defendant had sex with her.
“He used to fetch water from the prosecutrix’s house, he used to borrow fetcher and also visit her mother’s shop near the canal,” he said.
The judge further said that the defendant’s confessional statement satisfied all the legal requirements of a confessional statement.
He described the statement as a direct, positive and unequivocal narration of the events that took place straight from the horse’s mouth.
Oshodi said he accepted the defendant’s confession that he had sexual intercourse with the prosecutrix twice.
He, however, said that it would not be in society’s interest to allow a man who had confessed to his crime to walk out of the court as a free man simply because he had a change of mind.
He said: “I am satisfied that the prosecution has established defilement beyond reasonable doubt and I resolved the issue for determination in favour of the prosecution and against the defendant.
“Therefore, considering all the evidence presented in the case, I hereby find the defendant guilty and convict him under section 137 of the Crim Law (supra).
“Your actions were a gross violation of the victim’s innocence, dignity and bodily integrity.
“You took advantage of your status as a neighbour and the victim’s young age to sexually abuse her for your gratification, with no regard for the trauma and harm inflicted upon her.”
The judge reteirated that children deserved to be protected, nurtured and not exploited in such a vile manner.
The judge said he had considered the seriousness of his offence, the victim’s age, the breach of trust and the physical and psychological impact on the victim.
“I have also considered that you initially confessed to your crimes, though you initially pleaded not guilty, necessitating a full trial, which lasted about two years.
“Even though your counsel asked for mercy, you showed no remorse and offered no words of consolation for the victim and her family.
“The law prescribes a severe punishment for the defilement of a child to reflect society’s hatred for such conduct and to protect vulnerable children,” Oshodi said.
The judge said he saw no reason to depart from the statutory requirement of life imprisonment.
“The depravity of your acts warrants a lengthy prison sentence both to punish you and to send a strong deterrent message that sexual abuse of children will not be tolerated.
“Therefore, I sentence you to life imprisonment, you will be registered as a sex offender and while in incarceration, I urge you to reflect deeply on your actions and strive for redemption.
“The victim and her family will have to live with the impact of your crimes.
“I hope this sentence provides them some justice and closure, knowing the perpetrator is being held accountable.”
The state counsel led by Mr Babajide Boye, had called three witnesses, while the defendant testified as sole witness. The prosecution submitted that the convict committed the offence sometimes in May 2021 on Titilayo Street, Oshodi, Lagos. (NAN)
