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KWESI EDUAM
V.
THE REPUBLIC

(2024) JELR 115893 (HC)

High Court 26 Mar 2024 Ghana
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- Conviction for defilement under section 101(2) of the Criminal Offences Act, 1960 (Act 29) was quashed on appeal; the prosecution failed to prove carnal knowledge beyond reasonable doubt, as the medical evidence was inconclusive and did n

Case Details

Suit Number:F22/31/2023
Judges:BERNARD BENTIL, J.
Counsel:EBENEZER TSIQUAYE-GRANT ESQ. FOR THE ACCUSED/APPELLANT CALEB SENA SENOO ESQ. ASSISTANT STATE ATTORNEY
Location:Capecoast

JUDGMENT

On 19th April, 2021, the Circuit Court, Mankessim, convicted and sentenced the Appellant to ten (10) years' imprisonment with hard labour for the offence of defilement contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 29). Being aggrieved and dissatisfied with the conclusion of the learned trial Judge, the Appellant has appealed to this Court on the grounds contained in the Petition of Appeal filed on 5th July, 2023. The said grounds are reproduced below:

1. That the judgment is not supported having regard to the evidence on record.

2. That the sentence is harsh and excessive.

The facts of the case as presented by the Prosecution are that, on 27th December, 2020 at about 9:30am, the Appellant met the survivor around the Complainant’s provision store. He asked the survivor to accompany him to a drinking spot for a bottle of soft drink as her Christmas gift. The survivor innocently followed the Appellant to a nearby drinking spot but on reaching there, the App…

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