CEBU - A 67-year-old man was sentenced to four years in prison after having been found guilty of raping a minor last August 1, 2005.
Regional Trial Court Branch 14 Judge Rafael Yrastorza found Nicolas Tutica, Jr. guilty of the rape case that was filed against him by the minor he had molested at that time.
According to the complainant, she and her sister were in the house of the accused seeking treatment to cough. The complainant was said to be a faith healer.
She testified that while she was in the kitchen during the healing session, the accused inserted his finger into her private part while massaging her, and that the man mashed her breasts.
At the arraignment, the accused pleaded not guilty of the crime saying that being 67 years old, he could not have done what is being accused of him because he had just “suffered from stroke and that his mind is not in good condition at that time.”
The parents of the minor also showed disinterest in the case and executed an affidavit of desistance.
However, with the testimonies of the complainant and the expert witness, Yrastorza denied the dismissal of the case saying that the main complainant is the minor and not the parents.
Yrastorza also said that applying the indeterminate sentence law, the penalty of prison mayor was reduced to a degree lower which is prison correctional in the absence of any aggravating and mitigating circumstance. —Jasmin R. Uy/MEEV (THE FREEMAN)