Ibitoye, owner of God’s Grace Nursery and Primary School located at Fayemi Market, Agric Olope Area, Ajilosun in Ado Ekiti capital city, committed the offence on June 10, 2013.
Subsequently, the State Ministry of Justice had through a suit number HAD/F11/2013 preferred a one-count charge of rape against the accused person on December 3, 2013.
In her brief judgement, Justice Toyin Abodunde agreed with the evidence of the plaintiff in the case, saying she has been able to prove beyond reasonable doubt that the defendant had sexually abused the victim, who was her pupil as at the time the offence was committed.
Justice Abodunde said that she agreed with the averment of the DPP and the victim’s evidence to the effect that the defendant was caught at the scene of the incident and could not have denied knowledge of the offence.
The judge said: “I rely heavily on the evidence of the victim that the defendant had been having sexual relationship with her before he was caught. Some of the teachers even gave evidence that she bled profusely few days before that time further confirmed that she had been sexually abused.
“The fact that the defendant was caught pants down was suffice to prove that the accused person committed the offence contrary to section 31(c)of the Ekiti State Child Rights Law 2013 and he is hereby sentenced to ten years imprisonment without option of fine.”
Ibitoye was caught on the June 10, 2013 in a bush near Fayemi’ market, where he sexually abused the victim under the guise that he was taking her home after the school hours.
On that day, Ibitoye was said to have carried about four pupils in her bus and drove towards a bushy area near the market to excrete, but only to enter the bush with the victim.
Before entering the bush, Ibitoye had sent other pupils on different errands just for his evil intention to materialize .
Sensing danger, some auto mechanics operating within the vicinity had suspected the movement and immediately tip-toed towards the bush where they caught the convict having carnal knowledge of the pupil.
He was later apprehended by the people and handed over to the Police at Ologede station in Ado Ekiti for onward transfer to the police headquarters for prosecution.
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