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Court acquits man of alleged rape of 4-year-old daughter

Court acquits man of alleged rape of 4-year-old daughter

An Ikeja Sexual Offences and Domestic Violence Court has acquitted a man accused of sexually assaulting his 4-year-old daughter.

The ruling, made by Justice Rahman Oshodi, involved the case against 35-year-old Taiwo Opasina.

The judge highlighted that the prosecution council failed to produce essential witnesses, including the victim, to testify in court, leading to the dismissal of the charges.

READ ALSO: Man rapes 8-month-old daughter to death

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.

“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.”

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