KOBINA
V.
THE REPUBLIC

(1985) JELR 65680 (CA)    
Court of Appeal  ·  28 May 1985 ·  Ghana
CORAM
APALOO C.J,EDWARD WIREDU JA,AND OSEI-HWERE J.A.
Core Terms Beta
appellant
jury
evidence
complainant
judge
case
grounds
apaloo c.j.
appeal fails
burden of proof
clearest possible corroboration of the complainant
conclusion of evidence
context of this case
conventional expressions
deputy superintendent amarteifio
dr tapang
due course
evidence put
forcible violation of this little girl
hard labour
high court
independent confirmation of the complainant
independent confirmation of the girl
independent evidence of the doctor
issue
issue of substance
jury of the danger
latter sells
learned judge
little school girl
main complaint
main facts of the case
matter of practice
old girl
pith of the argument
point of law
principle
principle of case law
private part
probable story
reasonable doubt
report
sexual intercourse
sexual relations
short period
statutory basis
superintendent amarteifio
tamale of the offence of rape
testimony of superintendent amarteifio
uncorroborated evidence of the prosecutrix

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…

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