An itinerant 70 year-old tailor,Pius Agu, who defiled a five-year old girl (names withheld),was on Wednesday sentenced to two years in jail by an Oredo Magistrate court sitting in Benin, capital of Edo state in Western part of Nigeria.
He was charged under Section 360 of the Criminal Code, which stipulates two year jails term for anyone who unlawfully and indecently assaults a woman or a girl.
Agu who pleaded not guilty to the one-count charge of sexual assault allegedly assaulted the minor on August 15′ 2012, when she went into his room to watch video/television. He was found guilty for dipping his finger into the private part of the little girl.
Mother of the victim, told the court that she returned from the market on the fateful day and heard her five year old daughter crying while coming towards her.
She further told the court that after a close examination of the girl, she discovered blood coming out from her private part, after which she raised alarm that attracted the neighbour’s attention to the scene.
Testifying before the court, a police pathologist attached to central hospital, Benin, said he examined the girl’s external genital and observed bruises on the wall of the virginal with a tear on the anal, an indication of forceful penetration into the virgina because there was no free flow of the penetration.
Delivering judgment, Magistrate Mrs. Joyce Ejale, held that the convict committed the offence as proved by the prosecutor, Sergeant Thomas Ojo.
She held that the evidence of exhibits tendered and five witnesses called by the prosecutor were overwhelming as against the convict who did not call any witness, adding that evidence of alibi raised by the accused person was vague because he was unable to state exactly when he left home on the day.
Mrs. Ejale further held that there was evidence by the victim’s mother to the effect that the convict opted to treat the little girl at a nearby chemist shop, but the girl’s mother insisted that her daughter must be treated at the Central hospital, Benin.
Consequently, the court sentenced Mr. Agu to two-year jail term with hard labour, without option of fine.