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Crime & Punishment of Tuesday, 11 January 2022


Court sets man free of rape charge, says act consensual

Court file photo Court file photo

A 33-year-old man from Ekiti, Adekunle Samson has been set free and acquitted by the state high court three years after being charged with rape.

He was arraigned before the court on November 5, 2019, on one count of rape.

“Adekunle Samson, on April 25, 2018, at Ise Ekiti, did rape one Yemi, contrary to Section 358 of the Criminal Code Law, Cap. C16, Law of Ekiti State, 2012,” the charge read.

The police prosecutor, Richard Olowoyo, invited three witnesses and presented a medical report and a cutlass as exhibits. However, the defendant, who spoke through his lawyer and called no witness, pleaded not guilty.

In his judgment, Justice Bamidele Omotoso stated, “I have come to the conclusion that the prosecution has failed to prove beyond reasonable doubt the allegation of rape against the defendant.

“I found as a fact that there existed an amorous relationship between the defendant and the victim prior to the incident and that alleged sexual intercourse which prompted the police to arrest the defendant and arraign him before this court was done with the consent of the victim. In conclusion, the defendant, Adekunle Samson, is hereby discharged and acquitted of the offence of rape.”