From Uche Uche, Damaturu
The Chief Magistrate Court 1 sitting in Damaturu, Yobe state, has discharged the charge of rape brought against a 55 year old man, a native doctor and sentenced him for adultery.
Earlier, the accused person Mohammed Musa, who goes by the nick name, Chukwuri, who resides in the Nasarawa area of Potiskum local government of Yobe state was charged with the offence of rape of another man’s wife.
During the first hearing, Prosecutor, Paul Wilson, told the court that the case was transferred from Potiskum divisional headquarters to the state CID, Damaturu on the seventeenth of June, 2014.
He told the court that on the twelfth of June, 2014, one Mohammed Zakari reported to the police that his wife, one Hauwa Mustapha went to collect some herbal medicine from one Mohammed Musa, of the same address and who is known as a native doctor.
He further told the court that the accused native doctor, instead of giving the woman, Hauwa Mustapha the herbal medicine, gave her some liquid substance to drink which later rendered the woman senseless and the native doctor had sexual intercourse with her against her will and consent after which she began to bleed through her vagina.
Prosecutor said the offence contradicts section 282, subsections ‘a’ and ‘b’ and punishable under section 283 of the penal code law for a term which may extend to 14 years imprisonment with liability also of a fine..
In the confessional statement of the accused person read before the court, the accused person however disclosed the woman accepted his demand for sexual intercourse with her, pointing out that it was the woman who removed her cloths by herself.
He also stated that the woman had demanded from him a medicine that would prevent her husband from marrying another woman.
The Presiding Judge, Gambo Hussaini Jumbum, however, during his judgement on the 4th, September, differed conviction on the charge of rape brought against the accused person pointing out that prosecution has not proved the case of rape charge brought against the accused person as the ingredients required to prove the case of rape was lacking.
He therefore convicted the accused person on the offence of adultery and sentenced him to pay a fine of N2,000 or to serve two years imprisonment in addition to N55, 000 as compensation to the complainant for medical bill or to serve two years imprisonment.