An Ikeja Sexual Offences and Domestic Violence Court has sentenced Idris Ashimiyu to life imprisonment for defiling an 11-year-old girl.
Justice Abiola Soladoye handed down the sentence on Wednesday after finding Ashimiyu guilty of a one-count charge of defilement.
During arraignment, the convict had pleaded not guilty to the charge brought against him by the Lagos State Government.
In her judgement, the judge said the prosecution, led by A.A. Adeniyi, called one witness, the survivor, who testified that she was 13 years old at the time of the trial and 11 when the incident occurred.
The survivor told the court that she knew Ashimiyu, who helped run errands and wash cars within their compound.
She testified that she was outside on the day of the incident when the convict came upstairs, began touching her and subsequently inserted his penis into her vagina.
The judge held that the survivor said her grandmother discovered what had happened after going to look for her and finding her with the convict.
She also told the court that Ashimiyu was beaten before he was taken to the police station.
In his defence, Ashimiyu’s counsel, A.O. Ayode, called one witness, identified as Ibrahim, who testified before the court that he knew the convict and was aware of the reason for his trial.
Ibrahim testified that he was not present when the incident occurred because he had gone to work and only learnt about it from a neighbour.
He further told the court that Ashimiyu had informed him that he did not rape the child but was only playing with her.
In evaluating the evidence, Justice Soladoye said she had carefully considered the testimonies and other evidence before the court, including the survivor’s age, the consistency of her account and the issue of consent.
The judge held that the survivor’s testimony was credible and coherent, adding that the prosecution had established that she was a child and had not consented to the sexual act.
Justice Soladoye also noted that the convict did not testify in his own defence.
The judge held that the prosecution had proved its case beyond reasonable doubt and consequently convicted Ashimiyu of defilement.
In her judgment, Justice Soladoye said, “I have carefully considered the testimonies and other evidence before this court, including the age of the survivor, the consistency of her testimony and the issue of consent.
“I find the testimony of the survivor credible and coherent. The prosecution has established that she was a child at the time of the incident and that she did not consent to the sexual act.
“I am satisfied that the prosecution has proved its case beyond reasonable doubt. I therefore find Ashimiyu guilty as charged,” the judge held.
She sentenced him to life imprisonment and ordered that his name be entered in the Lagos State Sexual Offenders Register.
“The name of the convict shall be entered into the Sexual Offenders Register maintained by Lagos State,” she said.
Source: Punch · Onozure Dania
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