The grant Court of Appeal Abuja Division has discharged and acquited one Abubakar Mustapha Dankara who was sentenced to life imprisonment last year by Federal Capital Territory High Court for allegedly raping a 12 years old boy.
The appellate court in a unanimous judgement of three man panel delivered by Justice Olubunmi Kayode Oyewole set aside the judgement and conviction passed on the appellant on September 18, 2023 by Justice Akanbi Yusuf of FCT High Court
Dankara was charged by Federal Government for intentionally penetrating the anus of a 12 years old with his penis contrary to the provision of Section 1(1)(a)violence against minor. He was serving a life imprisonment.
The appellate court said there were doubts and contradiction in evidences presented by prosecution witness.
“in line with with provision of Section 36(5) of the Constitution that where doubts arise in the case presented by the prosecution then such doubts should be resolved in favour of the accused or criminal”
“I find merit in this appeal and allowed it.The judgement of the lower court delivered on suit No FCT/HC/CR/014/2022 delivered on 18 September 2023 is hereby set aside.
” I equally set aside the conviction and sentence of the appellants and instead the appellant is hereby discharged and acquited ” the court having resolved the three issues raised in the appeal in favour of the appellant.