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MOSHIE
V.
THE REPUBLIC

(1976) JELR 65468 (HC)

High Court 11 Feb 1976 Ghana
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- Conviction for defilement was overturned on appeal because the trial court improperly relied on the uncorroborated unsworn evidence of a child witness, contrary to section 10 of the Oaths Act, 1960 (C.A. 12), which forbids conviction on s

Case Details

Judges:OSEI-HWERE J.
Counsel:EWUSIE-WILSON FOR THE APPELLANT; YAW MANU ASSISTANT STATE ATTORNEY FOR THE RESPONDENT.

OSEI-HWERE J.: The appellant was arraigned before the Circuit Court, Sunyani, on a charge of defilement of a female under ten years of age contrary to section 101 of the Criminal Code, 1960 (Act 29). The particulars of the offence disclosed that the appellant, a farmer, on or about 19 December 1973, at Bechem, carnally knew one Setu Moshie a female under ten years of age. The appellant pleaded not guilty to the charge and after his trial he was found guilty and convicted and sentenced to seven years’ imprisonment with hard labour. He is aggrieved by this conviction and sentence and he has therefore appealed to this court against the said conviction and sentence. On his behalf his counsel has filed the following grounds of appeal:

“(1) The judgment of the learned trial judge is unreasonable and cannot be supported having regard to the evidence.

(2) Since the first prosecution witness’s examination of both the accused and the complainant (the third prosecution witness) was very incomplet…

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