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AGBEMENYA
V.
THE STATE

(1964) JELR 67793 (SC)

Supreme Court 15 Dec 1964 Ghana
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- The appellant was convicted of rape by the High Court, Ho. - The prosecutrix, a 17-year-old girl, alleged that the appellant raped her after a struggle in a room. - The appellant claimed that the sexual intercourse was consensual. - The t

Case Details

Judges:OLLENNU J.S.C,ACOLATSE J.S.C.,SIRIBOE J.S.C.
Counsel:APPELLANT IN PERSON; K.A. SEKYI STATE ATTORNEY FOR THE RESPONDENTS.

OLLENNU J.S.C.

This appeal is against the conviction of the appellant by the High Court, Ho, for rape. The trial was conducted with assessors. Most of the facts in the case are not in dispute, and are briefly as follows: The prosecutrix (the third prosecution witness) is a girl of seventeen years. She attended school at Keta, leaving in 1962. For at least four months immediately preceding 17 November 1963 (the date of the incident) she was living with her parents at Ho. The appellant is a relation of the mother of the prosecutrix, and is a frequent visitor to the family house. The appellant was an apprentice fitter at Ho. He qualified in November 1962, and thereafter obtained a job at Tema. He was in Ho on 17 November 1963. On the evening of that day, he visited the house of the prosecutrix and stayed for about one hour, leaving at about 7.45 p.m. At his request and with the consent of her mother, the prosecutrix accompanied him. She was to go and show the appellant the house of a cer…

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