will not attach any weight to exhibits C-C1. In the circumstance, I cannot
therefore rely on these exhibits to connect the accused to the offence under
charge.
Furthermore, the accused persistently denied the allegations against him.
Apart from informing the Court that he is not the occupant of the room
where the alleged rape took place, the accused also testified of a scheme by
PW4 to get him into trouble. The evidence of a design to frame him up by
Pierre Mendy PW4 made some sense in light of the evidence on record. For
example; while PW1, PW2 and PW3 testified that the prosecutrix was given
a clean bath by her mother before being taken to trace the blood drops;
Pierre Mendy who joined them on the way still talked of seeing the
prosecutrix with blood stains all over her body. It makes him look in the
face of the Court as a naked liar whose evidence could not be believed at
all. And I do not believe his evidence at all.
Therefore, while it seems very clear that the little CECILIA JARJUE was
seriously ravished, and that there were strong suspicions that the accused
could have been the culprit; there was no concrete evidence linking up the
accused with the crime. It must be emphasized here that while reasonable
suspicion is a sine qua non for criminal investigations and prosecutions, it
can never found the basis for any conviction, no matter how strong the
suspicion may be (IKO v. THE STATE (2001) 14 NWLR (Pt. 732), 221).
From the foregoing, I find that prosecution failed to link offence committed
to the accused with the certainty required by law. As such the prosecution
failed to prove the last element of the offence.
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