An Ekiti State High court, sitting in Ado Ekiti has set free one Adeyemi Olawale who was arraigned on alleged offence of rape.
The 23 year old defendant was arraigned before Justice Adeniyi Familoni on 15th February, 2022 on one count charge bordering on rape.
The charge reads that Adeyemi Olawale on 11th of September, 2021 at Ilupeju Ekiti within the jurisdiction of this Honourable court did rape a 14 year old girl, contrary to Section 31 (2) of the Child’s Rights Law, Cap.C7, Laws of Ekiti State, 2012.
In her statement to the Police, the victim said, I went with my brother to visit the defendant who was my grandfather’s driver, while my brother was watching television, he called to show me something in another apartment, we hugged when we got there, immediately I felt a shock in my body, he started kissing and romancing me, when I discovered he wanted to have sex with me, I asked him to use condom but he already had one in his pocket, when he could not penetrate, I told him to leave me because I don’t want to lose my virginity now.
Thereafter, we left his place to our house, when I was not comfortable with all what had happened, I called and informed one of my cousins who resides in United State of America, she concluded.
To proof his case, the prosecutor, Ajibulu-Ariyo Taiwo called five witnesses and tendered statements of the victim and defendant as exhibits.
The defendant spoke in his own defense through his counsel Sunday Ochayi, denied raping the girl, he said, when we got to the apartment, we romanced and kissed, when I discovered she is a virgin and could not penetrate, I leave her alone, however, he called no witness.
In his judgment, Justice Adeniyi Familoni said, it is the duty of the prosecution to prove the guilt of the defendant beyond reasonable doubt, and in the absence of strong, sufficient, and satisfactory evidence establishing all ingredients of an alleged offence against the defendant, it is unnecessary to consider his defense and his entitled to be discharged and acquitted.
‘’Consequently, in view of the inability and failure of the prosecution to prove the alleged rape of the victim by defendant on 11th September, 2021 at Ilupeju Ekiti, he is hereby discharged and acquitted.’’ The judge ruled.
