Justice Bamidele Omotoso of Ekiti High court on Monday acquitted and discharged a 33-year-old man, Adekunle Samson of rape.
Delivering his judgment, Justice Omotoso said, ” I have come to the conclusion that the prosecution has failed to prove beyond reasonable doubt the allegation of rape against the defendant.
“I found as a fact that there existed an amorous relationship between the defendant and the victim prior to the incident and that alleged sexual intercourse which prompted the Police to arrest the defendant and arraign him before this court was done with the consent of the victim.
‘’In conclusion, the defendant, Adekunle Samson, is hereby acquitted and discharged of the offence of rape,” he said.
The police alleged that Samson raped the victim, on April 25, 2018, at Ise Ekiti, contrary to Section 358 of the Criminal Code Law, CAP. C16, Law of EKiti State, 2012.
He was arraigned before the court on Nov. 5, 2019, but he pleaded not guilty.
The prosecutor presented three witnesses and tendered medical reports and cutlass as exhibit.
The defendant spoke in his own defence, through his counsel but called no witness.(NAN)