KOBINA
V.
THE REPUBLIC

APALOO C.J.: On 12 March 1985 the appellant was convicted by the High Court, Tamale of the offence of rape and was sentenced to eighteen months’ imprisonment with hard labour.

The main facts of the case were narrated by the victim, a ten-year old girl called Cecilia Akude. This little school girl lived with her mother in a village called Limpusi near Yendi. The appellant who is a blacksmith, also lives there and the evidence shows that he was well known to the complainant and her mother.

Sometime in July 1982, when the complainant was returning home after attending nature’s call, the appellant called her. He said he was going to send her to buy him drink from her mother. The latter sells a potent local gin called “akpeteshie.” According to the complainant, when she went to the appellant, he asked her to enter his room and fetch a bottle. The unsuspecting girl went there. The appellant followed, put her in his bed and had sexual intercourse with her, To prevent her attracting the attent…