Justice Nwobodo dismissed a case for the complainant’s failure to appear before the court to prove her case beyond reasonable doubt.
An Eugu High Court presided over by Justice Catherine Nwobodo has dismissed a rape case filed against one Ikenna Onyema, 28, and two others for the complainant’s lack of seriousness.
Onyema was alleged to have had unlawful carnal knowledge of one Uchechi Ani on March 22, 2013 on Nike Road by Timber Market in Abakpa Nike, Enugu.
In her submission, the prosecutor, Mrs Nkechi Ogbodo, told the court that the matter was for continuation of hearing of the complainant’s witness.
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“My Lord, it is unfortunate that the witness is not in the court but I contacted her and she told me that she just put to bed in Owerri.
“All my effort to get the second witness, Chinonso Ani, was abortive so I have done the needful.
“I, therefore, pray for short adjournment to enable me try one more time to see if I can succeed,’’ she said.
In his response, the counsel to the defendant, Mr Anthony Uche, said that the complainant was cross-examined halfway in May 2014 before she started crying.
“She was asked to go and put herself in order and she never came back to this court in spite of more than 12 adjournments.
“Meanwhile, my client has been in custody for two years before he was granted bail and since then, the case had been going on without the complainant showing interest.
“For the fact that the complainant in question has failed to show up since May 2014 means that she is no more interested in the case.
“I, therefore, pray the court to strike out the matter,’’ he said.
The court dismissed the case and discharged the accused.
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