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KOBINA TWUM
V.
THE REPUBLIC

(2018) JELR 64675 (CA)

Court of Appeal 16 Jan 2018 Ghana
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- This is an appeal against a conviction of rape and a sentence of 15 years imprisonment with hard labor. - The appellant picked up the victim in his taxi and offered her a place to stay for the night, but then proceeded to rape her. - The

Case Details

Suit Number:CRIMINAL APPEAL NO: H2/3/17
Judges:IRENE C. LARBI (MRS) J.A. (PRESIDING), LAWRENCE L. MENSAH) J.A., A. M. DOMAKYAAREH (MRS.) J.A.
Counsel:ISAAC BAIDOO FOR THE APPELLANT,NANA AISHA SALIFU FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

A. M. DOMAKYAAREH (MRS), J.A

1. This is an appeal against the judgment of the Cape Coast High Court dated 7th November 2013. In the said judgment, the appellant herein who was charged with the offence of rape contrary to Section 97 of Act 29/60 as amended by Act 554/98 was convicted of same and sentenced to 15 years Imprisonment with Hard Labour.

2. The facts of the case as presented before the trial High Court are that the victim (PW1) is one Phoebe Nartey who is an apprentice seamstress at Breman Asikuma, whilst the accused (appellant herein) is a fridge repairer who lives at Ajumako Onwane. On 23rd August, 2012 at about 9.00 pm, the victim was on her way from Gomoa Maim where she had gone to see her father. She was waiting at Ekumfi Essarkyir for a vehicle to board on her way back when the accused appeared in a Tico Taxi cab and offered her a lift. At Mando the appellant told the victim that he was not proceeding further. The victim had to alight and try catching another vehi…

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