By Bashir Hassan Abubakar
A Magistrate Court 2 sitting in Bauchi has on Tuesday sentenced a convict, Abdullahi Kawuwa, to six years imprisonment without an option of fine and One year jail term with an option of fine over two count charges of gross indecency and assault.
A copy of the judgment sheet made available to newsmen in Bauchi on Thursday said the offences, committed on the 17/10/2019 according to the FIR, is contrary to Sections 285 and 265 of the Penal Code Law of Bauchi State.
Delivering judgement on the offence of Act of gross indecency , Chief Magistrate Shafa’u Ladan said that, going by the evidence of all the Prosecution Witnesses, most especially the testimony of the victim who testified, Fatima Suleman, the mother of the Victim, Adama Suleman, the medical Doctor who examined and sutured the labia majora and minora of the victim, Dr. Mohammed Sani of General Hospital Misau, Bello Abubakar and Bennet Jodi (IPO), found the Accused person Abdullahi Kawuwa guilty of gross indecency on the person of the victim, Fatima Suleman by the use of force and without her consent.
On the second count charge of Assault, Chief Magistrate Shafa’u Ladan said, “ a careful perusal of Sections 265, 266 of the Penal Code shows clearly that the proof for the offence of Assault is basically within the confine of the perception and experience of the victim, thus, looking at the testimony of the victim, Fatima Suleman, a clear case of assault is evident. The Victim testified to how the accused person called her to patronize her chinchin and suddenly pushed her down removed his trousers, lifted her gown which made her to apprehend that he was going to use force on her and he indeed used force on her and molested her, thus, committed the offense of assault on her.
“In the light of the above therefore, the prosecution has successfully proven all the ingredients of the offences charged against the accused person. Accordingly, the accused person, Abdullahi Kawuwa is hereby found guilty and convicted for the offences of Act of gross indecency contrary to Section 285 of the Penal Code Law of Bauchi State and Assault contrary to Section 265 and 266 of the Penal Code Law of Bauchi State and is hereby sentenced as follows;
“For the offence of Act of Gross indecency contrary to S. 285 of the PC, the convict Abdullahi Kawuwa is sentenced Six (6) years prison term at the custody of the Correctional Service Centre, Bauchi, and also to pay fine to the coffers of Bauchi State Government, the sum of Ten (10) Thousand Naira Only. He is also to pay compensation of the sum of One Hundred Thousand Naira only to the victim.
For the offence of Assault contrary to Section 265 and 266 of the Penal Code law of Bauchi State, the convict is sentenced to a fine of N10,000 or a term of one year imprisonment at the Correctional Service Centre in Bauchi in default.
“The 2 sentences shall run consecutively. The Convict has 30 days within which to appeal this judgment if so desired”, said Magistrate Ladan.
Our correspondent reports that the International Federation of Women Lawyers (FIDA) Nigeria, Bauchi State Chapter has followed up on the case and saw it to its logical conclusion.