CHARLES TWUMASI v. THE REPUBLIC

The appeal before this Court emanated from the judgment on appeal delivered by the High Court Accra against the decision of the Circuit Court, Accra. The charge sheet which initiated the criminal proceedings before the Circuit Court Accra was filed on 8th November, 2013. Two accused persons were charged for having defiled the victim, Tabitha Aggrey, a female who was then twelve years old. The first accused person did not appear in Court to take part of the proceedings. The second accused person, the Appellant in this appeal took part in the proceedings and was subsequently convicted and sentenced to a term of ten years.

The facts of the case as presented by the prosecution before the trial Circuit Court Accra were that the victim then aged twelve years was a class six pupil in the Children's World International School at Bubuashie. The first accused person was a teacher in the School while the second accused person was also an accounts clerk in the School. One morning in June 2012, the victim made use of the school urinal and when returning to her classroom, she was spotted by the first accused person who told her to go and clean the teachers' toilet. As soon as the victim entered the teachers' toilet, the first accused person followed her, locked up the toilet, had sex with her and warned her not to disclose the affair to anybody else she would not see her mother again. On one Wednesday in September, 2012 the victim went to the accounts office to pay her feeding fees and met the second accused person; the accounts clerk for the school who placed the victim on his laps and had sex with her. The victim did not disclose to anyone until she was one day bathing with her sister who detected physical changes on her body and informed their mother. Her mother took her a nearby clinic on 1st November, 2012 and a pregnancy test conducted on her revealed that she was pregnant for twenty weeks. A report was made to the police and the second accused person was arrested while the first accused person absconded.

The prosecution called four witnesses; they are Doris Aggrey, mother of the victim; Tabitha Ewura Ama Aggrey, the victim; Sylvia Evelyn Appiah, headmistress of Children's World International School, where the victim was a pupil and; Detective Lance Corporal Ransford Odei Djaba, the investigator in the matter. The Appellant herein gave evidence from the witness box and did not call any witness. At the close of the case, the trial Circuit Court Judge convicted th