A 53 year old Gabriel Uche ‘M’ had pleaded not guilty to a 3 Count Charge bordering on defilement charge at Magistrate Court 3 sitting in Port Harcourt.
The 7 year old, Rejoice Bob ‘F’ was said to have allegedly been defiled by the said accused at Gobsison Transport Company, 64 Ikwerre Road, Diobu, Port Harcourt.
The case with Charge No. PMC/2098c/13 has it that the accused with intent to have unlawful carnal knowledge with the said victim did forcefully penetrated her virgina with his fingers which caused her harm and thereby committed an offence punishable under Section 218 of the Criminal Code Cap 37, Vo. II Laws of Rivers State of Nigeria 1990.
The accused who was given an opportunity to make evidence told the court that a related incident of this had happened before sometime around 2010 that he involved in homosexual and the presiding judge set him free. Adding that they should come and confirm from people around the scene of crime saying he did not put his fingers into the girls virginal.
However, the victim’s father in his supporting evidence to prove the validity of the charge said the accused used to come to their compound. His word “When I noticed my daughter’s defilement, she told me that it was this man (accused). “As I asked my daughter before the accused, she said yes, so I dragged him to the police station, then my daughter was still bleeding”.
The presiding Magistrate, F.N. Amanza, in a condemnable terms posited that the accused ought to have been ordered to be flogged thoroughly before further action. She, however, ruled that the court lacks the jurisdiction to entertain the matter and immediately ordered that copy of the case be sent to the Director of Public Prosecution (DPP) for legal opinion as she also remanded the accused in prison custody and reminded him of his right to seek bail at the High Court.
The case was thereby adjourned to the 10th of March 2014 for mention. ###
