For
raping an 11-year-old girl (name withheld), an Osogbo Magistrate’s
Court has sentenced a 34-year-old father, Nurudeen Olanbeloye, to 10
years imprisonment.
The presiding magistrate, Mr Olusola
Aluko, who found the accused guilty on two counts of unlawful defilement
and forceful penetration, sentenced him to five years each on the two
counts.
Aluko, however, ruled that the two
counts of 10 years must run concurrently, meaning that Olanbeloye will
spend five years in prison.
According to the charge sheet read in
court on Monday, the convict committed the offence in his room at
Sagba’s compound in Ikire town on April 24, 2013.
The convict, who initially pleaded not
guilty to the charges, however, prayed the court to temper justice with
mercy when he was convicted.
Police prosecutor, Inspector Meret
Wilson, said the convict raped the girl when she came to collect the sum
of N30, which was the money for the provisions she sold to Olanbeloye’s
wife a day earlier.
In the statement Olanbeloye made at
Ikire police station, he alleged that the underage girl freely agreed to
have sex with him even as he insisted that he did not rape her.
Olanbeloye, an Ikire indigene and
farmer, said in his statement to the police, “She (victim) agreed with
me on that day to have sex without any stress. She was the one that took
her pants off. I didn’t rape her.
“I didn’t want to marry her because she
is a small girl. I have never raped a child before. I know that what I
did was wrong, please, pardon me.”
The police prosecutor said the criminal
offence committed by Olanbeloye was punishable under Section 218 and
31(2) of the Criminal Code, Cap 34, Volume II, Laws of Osun State.
Wilson also added that the offence was punishable under Child’s Right Law of Osun State of Nigeria 2003 and 2007.
Counsel for the convict, Mr. Segun
Komolafe, had prayed for leniency, saying as a first time offender, the
convict should be given an option of fine.
The magistrate, however, sentenced the culprit to 10 years jail term without an option of fine.
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