Therefore in the final analysis, I do not see any credible defence put by the defendant in this case. Consequently, having found that the prosecution has proved all the ingredients of the offence of rape against the defendant beyond reasonable doubt, I find him guilty as charged. ALLOCUTUS A.Y. Abubakar Esq: In view of allocutus we wish to refer your lordship to the provision of 415(2) (d) fo the ACJL Sokoto state 2019, the convict is a first time offender and he has shown remorsefulness throughout this trial last and therefore by the provision of 415(2) (d) this court is mandated not to pass a maximum sentence on a convict him being a first time offender, the same ACJL 510 of the same ACJL 2019, this court has the power to enforce a fine instant of mandatory sentence especially considering the age of the convict in person, in the case of TANKO V. STATE (2009) 4 NWLR pt 1131 page 43 (SC) @ pg 440. We summit that since the convict is not convicted for an offence punishable by a death the convict is entitle to un far discretion by sentencing him to a fine, we urged your lordship to be lenient in the sentence to be pass to the convict more so, the convict is a family man apart from being on age person a retired civil servant who serve his state diligently and the entire nation more so he is a brave opener of his family and therefore be lenient to the convict. Page 21 of 23

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