Posted by Amarachi on Wed 12th Apr, 2023 - tori.ng
The defendant allegedly slept with the married woman without her consent after blowing a whitish substance on her face.
Olawale Ayeni
A 44-year-old native doctor, Olawale Ayeni has been handed a 10-year jail term with hard labour by Justice O. F. Enenmo of Kwale High Court in Delta State, for having unlawful carnal knowledge of a married woman.
The defendant was arraigned before the court on a one-count charge of r*pe punishable under section 358 of the Criminal Law Code, Cap C21 Vol. 1, Laws of Delta State of Nigeria 2006.
The defendant was alleged to have had carnal knowledge of a married woman without her consent, on July 11, 2020 at Irri in Isoko South Local Government Area of the state. He pleaded not guilty to the charge.
The prosecution led by Mrs. Ejovwokwe Arhuere Oghorodje, a Deputy Director in the Ministry of Justice, called three witnesses and tendered the confessional statement of the defendant and the medical report of the married woman.
The prosecution told the court that the victim was in her house feeding her baby when the defendant came and asked to see her, she told the defendant to wait, but he persisted and asked her to come out.
The victim stated further that as soon as she stepped out from her apartment to meet the defendant, he blew a whitish substance on her face.
She stated that the only thing she could remember thereafter was seeing herself seated in the defendant’s house.
The defendant then cut her face and back with razor blade and proceeded to have carnal knowledge of her without her consent. He warned and threatened her not to tell her husband or anybody about the incident.
The woman then reported to her husband's relatives and the local vigilante. The defendant was later arrested and handed over to the police where he made confessional statement.
In his defence in court, the defendant retracted his confessional statement and told the court that he knows the victim, as someone who brings customers to him for preparation of traditional medicine.
He stated that on July 8, 2020, she came to his house and requested him to prepare medicine that she will use to defraud men.
He stated that he charged her N28,000 which she was unable to pay. She came back on July 9, 2020 and requested him to use his own money to prepare the charm, but he refused.
He denied making any incision on any part of her body or put any medicine into her mouth or had s3xual intercourse with her.
Delivering judgment, Justice Enemo held that he believed the evidence of the prosecution witnesses and that the prosecution proved its case beyond reasonable doubt. He therefore, dismissed the defence put up by the defendant.
The court thereafter convicted and sentenced him (defendant) to 10 years imprisonment with hard labour.
Speaking to newsmen shortly after the judgment, Director, Sexual Offences Unit of the Ministry of Justice, Mrs. P. U. Akamagwuna commended the court for the judgment.
She stated that the Ministry of Justice will continue to prosecute all s3x offenders as the state will never tolerate such crimes within its environs.
Ayeni has since been enrolled in the Delta State S3x Offenders Register and his details uploaded to the national database. This is in line with the provisions of the Violence Against Persons Prohibition Law 2020.