An Ikeja Special Offences Court on Tuesday discharged and acquitted a daycare owner, Veronica Vincent, accused of sexually assaulting a one-year-old babygirl in her care.
The News Agency of Nigeria (NAN) reports that Vincent was charged with two-count charge of defilement and sexual assault by penetration.
Justice Oluwatoyin Taiwo held that there was no evidence to show that defendant sexually assaulted the baby (name withheld) as there was no blood stain on her on the day she was in care of the defendant.
Taiwo maintained that the timing of the acclaimed sexual assault and when the mother of the child saw blood, differed.
“The issue is not that the child was not violated.
“The question is when? The mother of the child testified that she dropped off her child on Feb.12, 2019 at the daycare but she saw blood stain on the child three days later.
“The mother did not see blood on Feb. 13 and Feb. 14 and she did not bring the child on these two day.
“If the child was sexually assaulted on Feb. 12, the blood stain would have been apparent.
“The mother testified that she took the baby to her sister’s house after she picked her up from the daycare on Feb.12 and three days after the the baby had stopped attending the daycare of the defendant, the mother saw blood,”
The judge said the prosecution has failed to prove that it was the defendant who defiled the child.
“The evidence before the court shows that while there was a sexual assault on a child of one year and nine months, the prosecution has failed to prove that it was the defendant that defiled her.
“The defendant is hereby discharged and acquainted,” Taiwo held.
NAN reports that the state prosecution team, Mr Olakunle Ligali and Mrs Omowumi Bajulaye-Bishi alleged the defendant sexually assaulted the minor by penetrating her with an unknown object.
They submitted that the defendant committed the offences on Feb.12, 2019, on Ararat Street, Egbeda, Lagos. (NAN)