The prosecutor had also told the court that the offence of Sexual assault by penetration violated Section 261 of the Criminal Law of Lagos State, 2015.
She called three witnesses during the trial to prove her case while the defence called two witnesses, including the convict.
In her judgment, Justice Soladoye held that evidence from the survivor corroborated the medical report tendered by the prosecution that she suffered repeated penetration.
She said, “Evidence of the Investigative Police Officer (IPO) was also crucial in this case.
“The testimony of the survivor was truthful as she identified the defendant as ‘Baba Jamal’ and also gave a vivid account of how he inserted his fingers into her vagina while fetching water in the compound.
“A medical examination which was carried out by Dr Oyedeji Alagbe also revealed a reddened and bruised vagina as the hymen was almost obliterated.
“The defendant was unable to explain why he was the only one pointed at, in a house full of tenants, as the perpetrator of the heinous crime.
“Evidence of the second defence witness, the defendant’s sister, is unreliable as she does not live with his brother and had no idea when the alleged fingering occurred,” the judge noted.
Justice Soladoye further held that the prosecution proved the ingredients of the case against the defendant, saying that the survivor could not have consented to any sexual act with the defendant.
She added that two exhibits – A and B – tendered before the court, which were statements of the convict and the survivor, were unambiguous.
“This honourable court is convinced that the overwhelming evidence is compelling as the survivor identified the defendant in the dock.
“I hereby find the defendant guilty as charged, and he is hereby sentenced to life imprisonment,” Soladoye held.
