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A court of law has acquit a man who was alleged to have raped his minor daughter.
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The court was said to have done this due to lack of evidence by the prosecuting counsel.
An Ikeja Sexual Offences and Domestic Violence Court has discharged and acquitted a ma accused of rape.
Daily Report Nigeria gathers that the court, which was presided by Justice Rahman Oshodi acquitted one Taiwo Opasina, 35 who was charged with alleged sexual assault against his 4-year-old daughter.
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The judge said the prosecution counsel failed to provide vital witnesses, I.e the victim to the court to give evidence.
The judge said
The prosecutrix (survivor) was described as an articulate primary school student, who could identify family members and understand questions,”
“Yet, no explanation was given for failing to call this crucial witness
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“The medical evidence alone, though very troubling, cannot identify the perpetrator.”
The law is clear that it is better to let nine guilty persons escape than to wrongfully convict one innocent person.
“Therefore, after considering all the evidence presented and applying the fundamental principle of presumption of innocence, I find that despite strong circumstantial evidence and troubling inconsistencies in the defendant’s testimony, the prosecution has failed to establish that the defendant sexually assaulted his four-year-old daughter
“The absence of direct evidence of the alleged survivor creates an evidential gap that cannot be bridged by circumstantial evidence alone
“Accordingly, I resolve the issue for determination in the defendant’s favour and is hereby found not guilty.”
