JUDGMENT OF SOWAH J.A.
After hearing counsel for the appellant, a policeman, the appeal was dismissed without calling for the Republic as there was not much merit in the appeal; further the only ground of law argued has been the subject-matter of constant pronouncements in these courts and, but for respect to counsel no useful purpose would be served by reiterating those principles.
Shortly, the facts are that the appellant had been convicted of the carnal knowledge without her consent of a young school girl, Miss Mary Acquah. The rape was committed in the room of the appellant in the Police Depot, Accra. There was overwhelming evidence that Mary Acquah was on her way home from school with her friends when she was invited by Miss Elizabeth Quaye, a police woman. The children described her as a very stout police woman. She then took the complainant to her room; subsequently she asked the complainant to accompany her to a room which turned out to be the appellant’s; after discussion between the two police officers, that is the appellant and Miss Quaye, the latter left, leaving the complainant and the appellant. There followed a short struggle in the room, but the appellant overpowered and debauched the complainant.
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Thereafter she left the room, but it appears in her desperation she left behind her school books. She joined her friend who were at the time waiting for her; while narrating her ordeal to them, the police woman, Miss Quaye brought her books to her; she must have collected the books from the appellant’s room.
Quite apart of the school children’s evidence on this aspect of the matter, a police sergeant (Albert Agyemang Ayerter the fourth prosecution witness) observed the movements of Miss Quaye after the girl had left the room. This sergeant saw the girl crying and questioned her.
It was contended as a matter of law that the police woman was a material witness who ought to have been called by the prosecution and failure to do so vitiated the conviction. The point is too well settled to admit of any argument. The evidence manifested that Police Constable Elizabeth Quaye facilitated the commission of a crime to wit, rape; it was in response to her invitation that the young girl entered the room of the appellant for sexual intercourse to proceed. Later she collected the school books of the girl and handed them over to her.
On these facts she was guilty of an offence and were the prosecution disposed to indict her, she would have been p
