ROBERT GYAMFI (ALIAS APPIAH)
V.
THE REPUBLIC

(2019) JELR 65737 (CA)

Court of Appeal · CRIMINAL APPEAL SUIT NO: H2/02/19 · 27 Feb 2019 · Ghana

CORAM

M. OWUSU JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA

Ratio Decidendi

Core Terms ^Beta

jurisdiction of the circuit court kumasi

grandmother of victim amidia iddrisu

trial court judge

honourable court

high court

records of appeal

said conviction

person robert gyamfi

accused person

criminal offences act

sexual intercourse

case accused

offence of defilement

sentence of the circuit court judge

accused’s room

pupil of little flower international school

trial judge

victims national health insurance card

evidence of pw1

medical form

trial court

age of pw1

sufficient evidence

appellate high court

state vrs gyimah

medical examination

following grounds

evidence

receipt of the medical report form

carnal knowledge

appellant

complete failure of prosecution

such disclosure

least degree of penetration of the penis

respect of the victims defilement

reasonable doubt

own cross examination

instant appeal

caution statement

counsel

official documents

trial circuit court judge

general rule

further evidence

evidence of the victim

arrest of the appellant

counsel’s contention

JUDGMENT

DZAMEFE, JA

The appellant was charged with the offence of defilement contrary to section 101 of the Criminal Offences Act 29/60. The particulars are that the appellant, aged 22, a teacher in 2014 at Pakyi No.2 in the Ashanti Region and within the jurisdiction of the Circuit Court Kumasi did have carnal knowledge of one Amidia Iddrisu aged 12 years.

Facts

Complainant Fati Iddrisu is a food vendor, she is the grandmother of victim Amidia Iddrisu aged 12 years and a class 6 pupil of Little Flower International School while accused person Robert Gyamfi aged 22 years is a teacher. Both parties reside at Pakyi No.2 Kumasi. According to the victim, about 5 months ago after the close of school, the accused person gave his room keys together with some books for her to take home. On reaching the accused’s room he came from nowhere and pushed the victim on his bed, forcibly removed her pant and had sexual intercourse with her. In the process of having sex with her she was feeling pains and …

ROBERT GYAMFI (ALIAS APPIAH) V. THE REPUBLIC

JUDGMENT

ROBERT GYAMFI (ALIAS APPIAH)
V.
THE REPUBLIC