Umar Akilu Majeri
The Jigawa State High Court sitting in Kazaure and presided over by Justice Hussaina Adamu Aliyu has on 8th December 2021 sentenced, a 70-year-old man, Alto Ado to life imprisonment who was found guilty of Rape case, punishable under Section 3 of the Panel Code (Miscellaneous Amendment) Law, of 2014.
The fact of the case were that, on 14th October 2020 the defendant who was also a watchman lured 2 minors aged 7 and 9 into an uncompleted building at Cikin Gari area of Kazaure town and forcefully had unlawful sexual intercourse with them one after the other.
The defendant was later arrested by police and charged to court for the offence of Rape.
The prosecutor during the case called 5 witnesses including a medical report, the prosecutrix, Investigation Police Officer and the victims’ fathers.
The judge while delivering the Judgement said having satisfied with the evidence presented by the prosecution found the defendant guilty for the offence of Rape and he Sentenced him to life imprisonment.
The same High Court of Justice in Kazaure presided over by the same judge Justice Hussaina Adamu Aliyu, on the same date of 8th December, 2021 also ound one Murtala idris of Sada Village in Yankwashi Local Government Area guilty of raping a 6- year-old-girl.
Three witnesses testified for the prosecution including the prosecutrix and a medical report was tendered before the court and admitted in evidence.
At the end of the trial the court found that the prosecution had proved their case beyond reasonable doubt and the defendant was sentenced to life imprisonment based on the provision of Section 3 of the Penal Code (Miscellaneous Amendment) Law, 2014.
However, in another case, the High Court of Justice sitting at Gumel, presided over by Hon. Justice A.M. Sambo has delivered Judgment on Ahmadu Sule (alias soja) case from Sugungun Village Garki Local Govt who was tried for the offense of rape contrary to section 282(1)(e) of the Penal Code Law of Jigawa State.
The defendant was arraigned before the court on the 28th January, 2020 for the offense of rape. It was alleged that the defendant on 8th August, 2017 had a sexual intercourse with a six-year-old-girl. However, the defendant pleaded not guilty to the charge against him.
The prosecution in proving its case called three witnesses and tendered extra judicial statement of the defendant and a medical report, while the defendant testified as the sole witness for his defense.
The Court while delivering its judgment held that, considering the facts that the prosecutrix testified before the court that the defendant only put his finger in her private part and nothing more.
The defendant in his defense denied committing any offence and that he does not know the prosecutrix. The medical report also reveals no penetration to establish rape or any lesser offence.
The court conclusively found that the prosecution failed to prove the charge or any other offence beyond reasonable doubt, its therefore discharged and acquitted the defendant.
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