A Benin High Court on Friday, sentenced a barber, Esosa Napoleon, to death by hanging, for armed robbery.
The court held that the convict committed the offence in the midnight of Jan. 26, 2016, at Aiguobasimwin Crescent, G.R.A, Benin in Benin City.
According to the evidence of Mr. Osagiede, the 1st Prosecution Witness, (PW1), the convict broke into their house that night, ordered him and his wife to lie flat on the ground, collected his belt and the sum of N8, 000 from the pocket of his trousers.
He testified that the convict used the knife he was holding to tear his daughter’s trousers, adding that as the convict was raping the girl, he summoned up courage and attacked the convict who fell down while two other ladies who are co-tenants in the house joined him to hold the convict down.
Osagiede said that the convict injured the daughter with the knife.
He added that one of the daughters attracted a neighbour who then called the police at Aideyan and the convict was arrested at the scene.
The court noted that, while there was evidence that the convict was arrested at the scene of crime owing to the brave action of the PW1, there was no evidence to the contrary.
In his defence, the convict said he was coming from a party at ISNO Hotel, at Ikpokpan Road, and passed through Aiguobasimwin Crescent so as to take a bus from Boundary road junction to Ring road.
He testified that on his way, he saw flashes of torchlight pointed at him and while still walking, he raised his hands up over his eyes and asked if they were mad.
The barber stated that he was stopped and asked who he was insulting but he didn’t reply and they asked where he was coming from and where he was going and he told them that he was searched and his N19,000 was taken by them before they threw him into a Police vehicle.
Trial Judge, Justice Efe Ikponmwoba, observed that the convict’s evidence in court was different from his statement to the Police which was a confessional statement.
The court held that there was evidence that the person who entered their apartment that night was the convict and that they all have evidence to the fact that the PW1 bravely attacked him when he tried to rape PW3 and they all joined PW1 to hold down the intruder until the Police came, arrested him and recovered a knife from him as well as the money and belt he robbed from the house he said.
