BY Favour Percy-Idubor/Benin
JUSTICE indeed prevailed as a middle – aged man and a vigilante in Egba community of Uhunmwonde local government area of Edo state, Mr Enaho Odigie was sentenced to life imprisonment for raping a minor.
Delivering judgement on a one count charge for alleged rape in suit No.B/CD/24CV/21 between the state ( complaint) and Mr Enaho Odigie ( defendant), on Friday May 24th,2024, the presiding judge His Lordship Hon. Justice Mary ltsueli of the state High court sitting in Benin city held that the offence for which the defendant has been charged is sanctioned under section 5(1) of violence against persons prohibition law.
The judge further stated that “ a person convicted of the offence of rape under section (4) of this law is liable to imprisonment for life without an option of fine”
Explaining that the prescribed punishment does not give the court any room for descetion, she maintained that having found the defendant guilty of the charge, he is sentenced to life imprisonment while an order for the photograph of the defendant to be deposited in the court and registered on the register of sexual offenders was equally made by the judge.
Earlier, the trial judge held that from the plethoral of decisions and weight of evidence adduced before her, it is the court strong believe that the evidence of PW2 has been sufficiently corroborated by the testimony of Pw1, Pw3, Pw4 and all the exhibits presented before the court.
According to Justice ltsueli”it is immaterial that the defendant and the prosecutrix were not found in a compromising position because most times the crime of rape is one hatched in secret where the only direct witnesses are the victim and perpetrator”
“ The nature of corroboration needed is one that confirms material aspects of the prosecutor’s testimony and not necessarily direct evidence “she said.
The judge also held that the evidence of Pw2 was steady and uncontroverted under cross – examination, adding that there was penetration of the victim by the defendant even when the consent of the victim was not and could not been obtained.
“The victim was not married to the defendant, specifically both the victim and the defendant testified that they did not know each other before the fateful day”
“ It is, however, immaterial that mama twins was not called to give evidence as she is not even an eye – witness of the crime, therefore she is not a vital witness”she averred.
The court also noted that a witness summons was issued out to mama twins but she did not honour it.
Flowing from the above, the court therefore held that the prosecution’ s case was sufficiently established by the testimony of the prosecution’ s witnesses,stressing that the prosecution is not bound to call every witness but the ones who can establish that the offence was committed and by whom it was committed.
“As rightly submitted by the learned defence counsel, the standard of proof required in a criminal trial is proof beyond reasonable doubt, therefore, from the totality of evidence before me,there is no doubt in my mind that Pw2 was raped and the defendant was the one that raped her”
“ In this case, l consider the seriousness of the offence to justify a sentence which l must therefore impose”
“ The defendant is hereby convicted of the offence of unlawful carnal knowledge which has a mandatory sentence of life imprisonment” the court concluded.
It will be recalled that a one count charge of alleged rape was brought against one Enaho Odigie(m) on or about the 22nd day of August, 2021,at about 18hrs at Ogieva street, off Benin/Auchi road behind first bank,Aduwawa, Benin city, Edo state in Benin criminal division, when it was alleged that the suspect had carnal knowledge of one miss Omoregbe Esohe Miracle(f) aged 12 years, an offence contrary to section (4) and punishable under section 5(1) of the Edo state violence against persons prohibition law 2021.
In proof of their case, the state prosecution counsel led by Mrs.Stella Okojie (Esq) and Mr E. I Usoh(Esq) leading Mrs.O. D. Edjebah and O.S. Abusomwan (Esq) for the defendant enlisted the testimony of four witnesses which includes Mr Omoregbe Odion who testified as Pw1,Miss Omoregbe Esohe who testified as Pw2, inspector Esekigbe Sunday Pw3 and Dr. Margaret Negbenegbor Oyakhire Pw4, three exhibits were tendered, while the defendant in his defence testified for himself.
