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.
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