By Ayodele Abere.
An Ekiti State High Court sitting in Ado Ekiti has sentenced one Durodola Kayode Ogundele to life imprisonment for raping an 85 years old step woman.
The convict was arraigned before Justice Monisola Abodunde on one count charge bordering on rape.
The charge reads that Durodola Kayode Ogundele, on 15th day of June, 2021 at Ayetoro Ekiti in Ido/Osi Local Government Area of Ekiti State, within the jurisdiction of the honorable court, did rape an eighty five years old woman.
The offence is contrary to section 2 of the Ekiti State Gender Based Violence (Prohibition) Law, 2019.
In her testimony before the court, the victims’ daughter, Opeyemi Bolaji said, I came to give my mother breakfast, on getting to her, I found her in an unsettling physical condition, after finished eating and upon further prompting to find out reason for her restlessness, she told me that the defendant did not allow her to sleep, she said the defendant came to her room around 1:00am, he rubbed a balm all over her body, including her anus and vigina, massaged her body, sucked her breast and forcefully has sex with her, she concluded.
When I tried to find out from the defendant, he said, my mother must have been dreaming.
The matter was first reported at Ido Ekiti Police Station before it was transferred to State Criminal Investigation Department of the Nigerian Police Force, Ado Ekiti.
To prove his case, the prosecutor, Barrister Folasade Alli called five witnesses including the Investigating Police Officer and a Medical Doctor, she tendered victims’ statement, defendants’ statement, and medical report from Federal Teaching Hospital, Ido Ekiti among others as exhibits while the defendant spoke in his own defense through his counsel, M.O. Folorunso, he called no witness.
In her judgment, Justice Monisola Abodunde said, I am therefore not in doubt that prosecution has finally established through circumstantial evidence, that is cogent, compelling and most conclusively, that the defendant intentionally and calculatedly penetrated the vigina and anus of the victim with his penis after rubbing a dark balm on her body and private part.
On the whole, I find that prosecution have discharged an evidential burden placed on them in law by circumstantial evidence, supported by the totality of the combined evidence of the witnesses, corroborated by the extra judicial statements of the victim made at the earliest opportunity.
The defendant is found guilty as charged for Rape contrary to Section 2 of the Ekiti State Gender Based Violence (Prohibition Law) 2019 and he is convicted, and accordingly sentenced to Life Imprisonment in line with Section 2 (2) of Ekiti State Gender- Based Violence (Prohibition Law) 2019.
