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ERIC ASANTE
V.
THE REPUBLIC

(2017) JELR 65212 (SC)

Supreme Court 26 Jan 2017 Ghana
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- Supreme Court allowed the appeal and quashed the conviction for defilement, finding that DNA evidence excluding the appellant as the father of the victim's child fatally undermined both the corroborative basis and the credibility of the v

Case Details

Suit Number:CIVIL APPEAL NO. J3/7/2013
Judges:ANIM YEBOAH JSC [PRESIDING], BAFFOE BONNIE JSC, GBADEGBE JSC, APPAU JSC, PWAMANG JSC.
Counsel:KWAME BONI WITH HIM FRANCIS-XAVIER KOJO SOSU ESQ FOR THE APPELLANT; K. ASIAMAH SAMPPONG ESQ (CHIEF STATE ATTORNEY) FOR THE REPUBLIC.

PWAMANG, JSC.

On 5th September, 2005 the Appellant was convicted by the High Court, Tamale of Defilement contrary to Section 101 (2) of the Criminal Offences Act, 1960 (Act 29) as Amended by the Criminal Offences (Amendment) Act, 1998, Act 554 and sentenced to 15 years with Hard Labour. He was aggrieved by the judgment so he appealed against his conviction and sentence but the Court of Appeal by a unanimous decision dated 6th April, 2006 dismissed the appeal. On 17th July, 2012 this court granted leave to appellant to appeal against the judgment of the Court of Appeal and he filed the pursuant Notice of Appeal on 25th July, 2012.

The case against appellant was that on or about 12th November, 2003, while teaching Agricultural Science at Nyohini Presbyterian Junior Secondary School (JSS) at Tamale, he carnally knew a pupil of the school aged 14 years. At that time the victim was living with her auntie and her auntie’s husband at Nyohini, a suburb of Tamale. The victim’s biological mother …

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