The judge, who found him guilty as charged by the Lagos State government, held that the prosecution successfully proved the charge of defilement against the defendant.
His offence contravened the provision of Section 137 of the Criminal Laws of Lagos State, 2015.
While delivering judgement, Justice Soladoye held that the conduct of the convict was nasty, devoid of character as his own way of saying ‘thank you’ to his employer, was to defile his granddaughter.
Making reference to the testimony of the survivor, she said the survivor brilliantly narrated the sequence of the incident of how the convict recklessly had canal knowledge her.
“The survivor was lucid and unshaken during her cross-examination as she spoke eloquently and intelligently detailing the gory incident of how her grandfather’s driver ruthlessly defiled her whenever no one was at home.
“The survivor recognised the defendant as Mr. Folarin who had sexual intercourse with her both in the living room and inside her grandfather’s jeep, as he put his penis inside her ‘bumbum’.
“The survivor said the defendant was brutal with her that he had sex with her in the jeep when there was no light in the house,” the judge held. The judge further upheld the testimony of the second prosecution witness, the grandfather, (PW2), who told the court that his granddaughter whispered in his ears that the defendant defiled her, which necessitated his arrest.
Justice Soladoye therefore said that the evidence of defendant during trial showed that the defendant was a pathological liar, adding that his attempt to buy his way out of the charge was a colossal waste of time.
“The convict was a pathological liar, who tried to deter himself from the charge as he claimed not to understand English Language, but he responded as the registrar of the court read out the charge in English.
“The defendant denied having sexual intercourse with the survivor, but told the court he only planted kisses on her cheeks and cuddled her. While under cross-examination, he denied making any statement at Ojodu Police Station, but the same statement was tendered and admitted in evidence as exhibit ‘B’,” the court held.
The judge further held that the evidence of the survivor was corroborated by the medical report from Mirabel Medical Centre as well as the testimonies of other two prosecution witnesses.
“The defendant is an ingrate who should be named and shamed as a disloyal, unreliable and untrustworthy employer. The court finds you Folarin Raufu guilty of the offence as charged and hereby sentenced you life imprisonment,” the court held.
The judge therefore ordered that the convict name be registered in the Sexual Offences register as maintained by Lagos State government. Justice Soladoye, however, admonished parents and guardians to resist from entrusting their children to the care of “good for nothing staff” so that they would not be sexually violated.
During the trial, the prosecuting counsel, Ms. Abimbola Abolade, called four witnesses against the defendant and tendered documents while the defendant testified as sole witness.
Court acquits bricklayer of abducting, defiling neighbour’s daughter
By Yetunde Ayobami Ojo
Justice Abiola Soladoye of a Sexual Offences and Domestic Violence Court, yesterday, discharged and acquitted a bricklayer, Godspower Iporu, accused of abducting and defiling his neighbour’s 12-year-old daughter.
The judge held that the prosecution failed to establish the two-count charge of defilement of a child and abduction from custody of parents against the defendant.
The prosecution had alleged that Iporu abducted the alleged survivor from his parents for three days and sexually defiled her.
His offences contravened the provision of Sections 137 and 269 of the Criminal Laws of Lagos State 2015.
However, while delivering judgement, JusticeSoladoye said the prosecution failed to present the alleged survivor, who was the star witness, to testify against the defendant. She noted the alleged survivor ought to be in court to testify
“All the evidence adduced before this court both oral and document, no matter how beautifully presented, can not lead to the conviction of the defendant, in the absence of the star witness to testify as to whether or not she was abducted in the custody of her parent.
“The evidence of the survivor in this case is very crucial as her evidence would have corroborated the testimonies of other prosecution witnesses.
“The offences of defilement and abduction were not proved at all by the prosecution against the defendant as the prosecution failed to present the survivor, who is a vital witness, as her testimony will determine this case one way or the other.
“The defendant, having not being found guilty of the two-count charge, is hereby discharged and acquitted,” the court held.
The judge said there was need to emphasise on survivors to be encouraged to come forward and testify before court.
“Survivors of alleged defilement must be encouraged to be physically present to give accounts of their encounters in the hands of their assailants, so that the court can listen attentively and watch the demeanour of such survivors.
“All the stakeholders in the administration of justice, particularly the police, counsel at Ministry of Justice and private practices, should as a matter of fact speak to their clients to present themselves in court, otherwise the case of this nature will be a colossal waste of time,” the court held.