O wherein one or more persons may have caused the wilful and unlawful damage to the property of Pwl. I shall also discharge and acquit him on th is count also . I have found him guilty on count 3 alone, I have discharged and acquitte'd him in other counts due to doubts as is held in the case of EDET v STATE (1988) NWLR part 91 page 722 . I have let him off also on these counts as it is the law " that irrespective of the line of defence adopted by a defenc_e counsel, it is for the court to consider any possible defence that may appear on evidence as may avail the accused person although counsel may not have raised it himseW see the case of OJO v STATE (1973) 11 SC page 331, see also NWOSU v THE STATE (1998) 8 NWLR part 562 page 433 at 441 . I therefore find him guilty of receiving stolen property as proved in evidence without contradiction and placing reliance on Section 279 Administration of Criminal Justice Law 2010 and Section 393 of the Criminal Code, as he admits in evidence of receiving the stated items in this charge. Is there any plea in mitigation of sentence before I pass sentence? Defence Counsel -The defendant has been in custody since 2017 . Nobody has been visiting him in prison as his fam ily are outside the State. He has ·been languishing in prison . I believe he has learnt his lessons, I urge the court to discharge him to be a better man in the society. The defendant is a 1st st offender. This is the 1 time he has appeared before a court. We pray that the court tempers justice with mercy having spent 2 years in prison already . May it please the court. Don Adizue - I have nothing to say at this stage . Thi s is t he Judgmen t delivered by Hon. Ju sti ce DA Ony efulu on 24/7/2018 Page 14