she failed jamb and her mother threatened to deal with her mercilessly and so
she ran away from home.
DW3 at page 77 testified as follows:
I asked her to go back to her Mummys house, she refused. I knelt down and
begged her to go back home, she refused.
These pieces of evidence clearly show that the Appellant was out for unlawful
intercourse with child. He knew she had parents under whose custody she was.
That the victim sleeping under the same roof with the Appellant suggest that the
duo were having sex bearing in mind that the brother living with the Appellant
was chased away. The evidence of DW1 at Pg. 60 of the record as follows in
support of the above presumption of having unlawful sexual intercourse with the
victim. DW1 at pg. 60 testified as follows:
The moment Jadesola came to my house, she asked me to tell him i.e. my brother
to go and live with Aloma Adisa (my friend) since he was staying with me from
morning till evening and after eating he will watch film with us and go and sleep
with Aloma who was staying in the same building with me.
The assertion of the Appellant that girls of nowadays are bigger and grow older
than their age as a justification for having unlawful sexual intercourse with the
prosecutrix is a mere excuse since it cannot be supported by any fact or evidence.
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