Court sends man to 19 years imprisonment for raping family friend
A Tinubu Chief Magistrate’s Court in Lagos has sentenced a middle aged man, Sheriff Oyebode to 19 years imprisonment for rape.
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The convict was charged on a 12- count charge offences contrary and punishable to Section 258, 171, 241, 271(a)(c), 272, 220, 144, 261, 263, 316, 337 (7), 134 (2) of the Criminal Laws of Lagos State of Nigeria 2011.
The offences bordered on unlawful sexual intercourse, detain to have unlawful sex in a hotel room, engaging in sexual activities without consent, assault and sexual assault, unlawfully administer poison, taking nude pictures of a girl and threatened to use the picture to cause injury to her reputation, have unlawful carnal knowledge with a girl, forcefully remove the cloth of a girl and dipped it in water leaving her naked.
Out of the 12-count charge which the defendant pleaded not guilty to on his arraignment by the police, the trial magistrate found him guilty on five-count.
Delivering the judgment, the court said: “The sole issue for determination here is whether the prosecution has proved each of the twelve count offences alleged against the defendant herein beyond reasonable doubt. In every criminal matter, onus of proof is at all times on the prosecution, which onus is discharged on the establishment of the essential elements of the alleged offences.
“Prosecution has thus proved counts 1, 2, 7, 8 and 9 offences against the defendant beyond reasonable doubt.
“The defendant is hereby convicted and sentenced as follows: unlawful sexual intercourse 5years, detain to have unlawful sex in a hotel room 5years, engaging in sexual activities without consent 5years, assault 1year, sexual assault 3years.
To be served concurrently, starting from first date of arraignment.”
During the trial, prosecution called four witnesses and tendered five exhibits.
The first prosecution witness was the victim, in her evidence in chief, painted the picture of how the incident occurred. She told the court that she has known Oyewole for over 10years, that her father accommodated the defendant in their house by recommendation from a friend who resides on the same street.
She stated that defendant was more or less like a brother to her, that on August 16, 2015 they both went to a party together with her father’s approval, on getting to the party, and they both ate and drank together.
“I took a bottle of Baileys, and at about 7.30pm, I told the defendant needed to start going home, but the defendant told me to hold on that he needed to lodge three of his friends in a hotel in the neighborhood and to ensure they were settled in the hotel”, she said.
However she stated on getting to the hotel, defendant told her not to wait outside the hotel but should come up with him. She stated because of the trust she had in him, she followed him upstairs, at that time, she stated she was already feeling dizzy, so defendant took her to a small room and told her to wait while he settled with his three friends.
Shortly later, defendant came back to the room and locked the door and started harassing me that he wanted to have sex with me, she stated she dragged with him but he overpowered her and ripped her underwear, bra and tights and he soaked the clothes in water in the bathroom, then she fainted and then the defendant raped her.
Under cross examination, the victim stated that defendant raped her, took her nude pictures and threatened to post her pictures on the social media.
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