By SADIQ ABUBAKAR, Maiduguri-
Justice Alkali Wakkil of Borno State High Court, setting in Maiduguri has convicted two Youths, Shuaibu Isa and Jibrin Yuguda all from Shani LGA for the offence of abetment and act of gross indecency contrary to sections 85 and 285 of the Penal Code Laws of the state respectively.
The convict’s were said to have waylaid a lady, Halima Yakubu while inside her farm, wrestled her to the ground, removed her dresses and had sexual intercourse with her without her consent.
Earlier, the convict, Jibrin in his voluntary statement to the police, admitted that he only aided his friends who had carnal knowledge with the said victim.
Having examined the witnesses testimonies, Justice Wakilli decided to convict then to a lesser offence of gross indecency and abetment.
The Judge was of the view that the prosecution officer has failed to prove the offence of rape against them. Even though Shuaibu did have forceful carnal knowledge of the victim the offence of rape is not proved beyond reasonable doubt.
He said: “he prosecution must be established beyond reasonable doubt. Proof of rape is technical. There must be corroboration (independent evidence). Prosecution was unable to produce the Medical report issued on the victim.”
Justice Wakili also said that the non-appearance of the doctor to testify and present his medical reports is the albatross; hence his recourse to a lesser offence of acts of gross indecency.
He urged medical doctors to always come and present their reports in the interest of Justice
While decrying the rising cases of rape in the society, the judge however, urged counsels to be pro-active in prosecuting rape cases which backs life imprisonment on conviction.
“Such rapists are supposed to forfeit their place in a decent society for longer periods. They had an obscene altercation with a defenseless young girl in degrading and horrible circumstance”. He said.
The Judge, therefore sentenced Jibirl to one year imprisonment without option of fine for abeting rape and equally sentenced Shuaibu to 3 years without option of fine for rape.
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