The presiding Magistrate Mohammed Bilyaminu ruled that all the ingredients of section 390 and 283 of the penal code were proved by the prosecution.
Mustapha
A court has found a 43-year-old man guilty.
The Magistrate court in Damaturu after finding Umar Alhaji Mustapha, sentenced him to 25 years in prison for committing r$pe and incest with his 18-year-old daughter, Fatima.
The presiding Magistrate Mohammed Bilyaminu ruled that all the ingredients of section 390 and 283 of the penal code were proved by the prosecution.
While reading the testimony of the witness, the judge narrated that PW 1, a police inspector, during his testimony established the convict had several sexua! intercourse with his daughter against her consent resulting to pregnancy. The child however died upon delivery.
The court stated that the prosecution was able to establish that the accused after impregnating the daughter gave her N25,000 to abort the pregnancy which she refused.
The same evidence was collaborated by Fatima, the victim under cross examination, who also testified that her father became very angry with her after realising that she was pregnant and did not obey his instruction to abort the pregnancy and started threatening her.
The Chief Magistrate, Mohammed Bilyaminu, pronounced the accused guilty of incest and r$pe under section 390 and 283 of the penal code.
He sentenced him to five years with a compulsory fine of N5,000 for the offence of incest and 20 years for the offence of r$pe with a fine of 10,000.respectively.
Before the pronouncement of the judgement, the accused was given the chance to plead for mercy, which he did requesting the court to temper justice with mercy.
He stressed: “I have an aged mother and other dependent to take care off”.
The convict by the pronouncement of the judge has 30 days to appeal against the judgement.
