One Tayo Akinboyewa, a carpenter, has been sentenced to life imprisonment for raping his neighbour’s 12-year-old primary school pupil.
26-year-old Akinboyewa was
convicted and sentenced by Justice Rahman Oshodi of the Ikeja Sexual Offences
and Domestic Violence Court on Tuesday.
The judge said that the medical
report tendered as evidence substantiated the prosecutrix (victim)’s testimony
that Akinboyewa had unlawful sexual intercourse with her and that the
prosecution had proved the charge of defilement against convict.
According to him, there was
sufficient evidence that the convict (Akinboyewa) had sexual intercourse with
the victim, who, to his knowledge, was a child and the victim gave a direct
eyewitness account.
He further said that the
convict confessed in exhibit G (Statement made at the police station), that he
had sexual intercourse with the victim twice, which the medical report and
Akinboyewa’s confessional statement corroborated the victim’s.
The judge held that the
evidence and testimony of the victim’s mother and the Investigative Police
Officer linked Akinboyewa to the crime.
However, Oshodi rejected the
evidence of the convict and used his confessional statement.
He said: “The prosecutrix, in
her evidence, said that the convict, who both stayed on the same street in
Oshodi, came to her house to borrow a 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 when he came to her
mother’s shop near the canal and had sex with her was January 2021.
“Outside Akinboyew’s
confessional statement, I have looked for other credible evidence that the
convict had sex with her.”
The judge further said the
convict used to fetch water from the prosecutrix’s house, and used to borrow
fetcher as well as visit her mother’s shop near the canal.
He said the convict’s
confessional statement satisfied all the legal requirements of a confessional
statement, as it was “a direct, positive and unequivocal narration of the
events that took place straight from the horse’s mouth.”
Oshodi said he accepted the
convict’s confession that he had sexual intercourse with the prosecutrix twice,
thus, 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 has had a
change of mind.
According to him, the trial
would be a mockery.
“I am satisfied that the
prosecution has established defilement beyond reasonable doubt and I resolve
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 Akinboyewa guilty and convict him
under Section 137 of the Criminal Law of Lagos State 2015.
“Your actions were a gross
violation of the victim’s innocence, dignity and bodily integrity.”
He ruled that the convict “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 underscore the need
to protect and nurture children and not exploit them in such a vile manner.
He said he had considered the
gravity 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.
According to him: “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.”
During the trial, the state
counsel, led by Mr Babajide Boye, called three witnesses while the convict
testified as a sole witness.
The prosecution said that the
convict committed the offence sometime in May 2021, on Titilayo Street, Oshodi,
Lagos State.
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