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JUDGMENT
The appellant, Agbovi Anthony, appeals against the conviction and sentence imposed on
him on 22 September 2020. The Circuit Court , Kpando presided over by His Honour
Nana Brew imposed a sentence of 10 years imprisonment on appellant, having convicted
appellant after trial on defilement of a child under 16 years.
The parties were asked to file their written submissions as far as 3 November 2022. The
appellant filed his written address on 15 May 2023 but the respondent did not.
I have read the submissions of Counsel for Appellant. Even though I am not satisfied
with the submission of counsel for the appellant for his reason asking for the setting aside
of the conviction, I will nonetheless allow the appeal and set aside the conviction and
sentence of 10 years for defilement. These are the reasons for coming to that conclusion.
The appellant was charged on one count as follows:
STATEMENT OF OFFENCE
Defilement: Contrary to section 101(2) of the criminal offences Act 29/60 as amended by
section 11 of act 554
PARTICULARS OF OFFENCE
AGBOVI ANTHONY: Aged 19: Barber: You on the 27th day of August, 2020 at about 11:
20 am at Vakpo Yordanu in the Volta Circuit in Kpando Circuit and within the
jurisdiction of this court, you carnally know one Grace Edith Owusu aged 8.
The Appellant pleaded not guilty to the charge when he was arraigned before the Court
on 8 September 2020. After a full trial, he was convicted and sentenced to 10 years IHL.
It is against this conviction and sentence that the appellant has appealed to this Court for
redress. The Appellant on 14 October 2023 filed a Notice of Appeal. The ground of appeal
as found in the Notice of Appeal are as follows:
1. The conviction is manifestly against overwhelming evidence on record.
2. Other grounds may be filed upon receipt of the record of proceedings.
Briefly, the facts of the case are as follows: Complainant Addae Ruby is a businesswoman
staying at Vakpo Jordanu whiles appellant Agbovi Anthony aged 19 a barber also staying
at Vakpo Jordanu. Victim Grace Edith Owusu age 8 is a Class three pupil and attends
Leklebi Duga primary school. Appellant’s barber shop is closed to where the
complainant sells her secondhand clothes at Vakpo Jordanu. Tommy is a friend to
appellant whose father owned the barber shop. On 27/08/2020 at about 7:30 am, the
complainant left home with victim to sell their second-hand clothes. On same day, at
11:30 am, complainant after eating gave the plates to