The Ekiti State Ministry of Justice has announced that it has gotten judgement against one Bashiru Adeyanju to a term of 11 years imprisonment for Te offence of attempting to rape his biological daughter.
According to a statement issued by the office of the Ekiti State Attorney General and Commissioner for Justice, the judgement was delivered yesterday by Justice Olutoyin Abodunde of the Ekiti State High Court sited in Ado-Ekiti on Thursday.
Ekiti Attorney General and Mr Olawale Fapohunda who led the prosecuting counsel, said the defendant attempted to rape his daughter, before the victim later escaped and was rescued by a good Samaritan who took her to the Ministry of Women Affairs.
According to the prosecuting counsel, the defendant was arraigned for the offence of rape of his daughter from the year 2014 to 2017 and attempted rape of the victim on 11/09/2017.
In the course of trial, it was gathered in evidence, that one Mr Adesina Olalekan, a civil servant from the Ministry of Women Affairs gave testimony that the victim made a statement that she lived with her father in a one room apartment, and that the father after having sexual intercourse with her usually wiped her private part with a white hankerchief.
Also one Dr. Olasehinde Temitope, a medical doctor with the Nigerian Police said the victim, was discovered after being examined, of having fungi diseases in her private part.
The presiding judge, Justice Abodunde in the judgment held that penetration is essential in proving the offence of Rape. While citing the case of OSU v STATE, Justice Abodunde held that the prosecution could not prove the offence of rape beyond reasonable doubt. However through the evidence given by the witnesses in the Case, it was proved that the defendant attempted to rape his daughter.
The Defense Counsel, Mr Adeyinka Opaleke pleaded for leniency on his Client. According to him, the offender was a first time offender and did not have any criminal record. Opaleke therefore begged the court to temper justice with mercy on the defendant.
Justice Abodunde however held that the defendant was given the benefit of doubt on count one, which was rape, but convicted the accused on count 2, which was attempted rape. The Defendant was thereby sentenced to a term of 11 years Imprisonment.