An Oyo State High court sitting in Ibadan has sentenced a native doctor identified as Seyi Adekoya to 14 years imprisonment for raping a primary 3 pupil.
The naturalist doctor residing at E7/207 Oke Offa Baba Isale, Ibadan was accused of forcefully having carnal knowledge of one Damilola Olawuyi on 16th August 2015 in Ibadan contrary to section 357 and punishable under section 358 criminal code cap 38 vol.11 Laws of Oyo State 2002.
Justice Ezekiel O. Ajayi while delivering his judgement ruled that “from the foregoing as decided in the Supreme Court case of State Vs Masiga, I am of the considered view that the prosecution had proved the essential ingredients of rape by proving establishing (a) that the accused had sexual intercourse with the PW3 I. e. Damilola Olawuyi.
Justice Ajayi stressed that the act was done against her will or consent and that there was penetration. See also Ogunbayo Vs. State (2003) 8 NWLR (pt 1035) 157 and.that the victim of the crime is below 14 years. “
The judge further held that “in the instance case, the only eye witness is Damilola (the PW3) who gave evidence of how she was raped and that prior to that incidence the defendant had fingered her on two occasions.
“This pieces of evidence were corroborated by the evidence of PW4 Emmanuel Ogundiran who gave evidence under cross examination as follows : ‘On the date of the incident, we saw sperm on the pant of the defendant and a medical report made me believe that the defendant committed the offence. I wrote in my statement that my sister also tested her and said she had been disvirgined I. e. PW3’,
“PW6 is Dr. Adeoti Rashidat Olajumoke who gave evidence as follows : from the findings it shows the girl had penetrative sexual intercourse from the history of being assaulted by neighbor. The witness tendered exhibit MR.”
Justice Ajayi ruled that “on the face of the court. I am of the considered view that there is no contradictions by the witnesses that is material on the case presented as a whole or as to the reliability of such witnesses”, saying, “from the foregoing therefore, I hold therefore that the prosecution had successfully proved the guilt of the defendant by the evidence of eye witness I. e. Damilola Olawuyi PW3 and by circumstantial evidence as can be seen from the evidence of PW1,PW2, PW3, PW4, PW5 and PW6 who corroborated evidence of the PW3.”
“It is in the light of above, that I hold that the defendant is guilty as charged and accordingly all issues resolved against the defendant. The defendant is sentenced to 14 years imprisonment. “