Posted by Amarachi on Wed 13th Nov, 2024 - tori.ng
The prosecution submitted that on Nov. 30, 2019, while the mother of the survivor was in her shop, the convict, who was a neighbour visited her residence and had s3xual intercourse with her daughter.
A 64-year-old man, Lateef Durojaiye has been sentenced to life imprisonment by an Ikeja Sexual Offences and Domestic Violence Court over the s3xual assault of his neighbour’s 11-year-old daughter.
The State Lead Counsel, Mr Babajide Boye called five witnesses; PW(1) the survivor mother, PW(2) the survivor, PW (3) the Investigation Police Officer (IPO), PW(4) the nominal complainant neighbour and PW(5), the Medical doctor.
The prosecution submitted that on Nov. 30, 2019, while the mother of the survivor was in her shop, the convict, who was a neighbour visited her residence and had s3xual intercourse with her daughter.
The prosecution also told the court that the crime was discovered five days later when the survivor was observed limping and some witnesses said she was not walking properly.
Durojaiye committed the offence on No. 30, 2019 about 3.00 p.m. at No 7 Alibaba Andrew Street, Ikorodu, Lagos.
While delivering her judgement on Tuesday, Justice Rahman Oshodi, in his judgment, held that the prosecution proved the ingredients of defilement against Durojaye, beyond reasonable doubts.
Oshodi said the convict’s case had a complex history as he was initially charged and arraigned on Aug. 5, 2021 but the case was struck out on Nov. 29, 2021 for want of diligent prosecution.
The court said the case was re-listed to the court and was re-arraigned on May 22, 2022 and April 16, 2022 in which he pleaded not guilty.
The judge said the convict’s attempt to deny the offence did not hold waters as the survivor did not only endure physical trauma but also physiological burden of keeping the secret under threat.
He said the evidence of the survivor was corroborated with the medical report and the evidences of other prosecution witnesses.
According to him, the survivor gives a direct account how the convict defiled her.
The court also held that the medical doctor corroborated the witness testimony while giving a medical examination of discovering injuries with consistent forceful p3netration.
"The prosecutrix gave her evidence that the defendant came to their house, gave her a phone to watch blue film and asked her if she can do what what they are doing in the video," the judge said.
“She went further and said ‘on Nov.30, 2019, he came to buy garri, I shut the door and was sleeping but I had a feeling that someone was taking off my underwear and before I could open my eye he has taken off his trouser and brought out his p3nis.
“The prosecutrix said that the defendant covered her mouth with a pillow when she wanted to shout and inserted his p3nis into her v@gina.
“The mother of the prosecutrix also testified that there were injuries on her daughter’s private part and that the defendant’s brothers gave her N300,000 to settle the case but she refused.”
The judge, thereafter, convicted Durojaiye and sentenced him to life imprisonment.