EMMANUEL AGYIR @ KOFI BOADI, OSWALD ADONGO AND YAW AMOAH v. THE REPUBLIC

This criminal appeal arises from the convictions of Oswald Adongo and Yaw Amoah by the Agona Swedru Circuit Court for conspiracy to commit defilement and defilement, each sentenced to ten years’ imprisonment. The complainant, Vida Kyeneboah, reported that her niece, 15-year-old Gifty Sackey, fell ill after spending a night with her boyfriend, Emmanuel Egyiri (alias Kofi Boadi Sky GEE), and friends Adongo and Amoah. The High Court, per Justice Aboagye Tandoh, treated the appeal as a re-hearing, emphasizing the prosecution’s burden to prove guilt beyond a reasonable doubt and the presumption of innocence. On conspiracy, the court held that the current interpretation of section 23(1) of Act 29 requires prior agreement to act together; the record contained no evidence of prior agreement and circumstantial evidence did not irresistibly point to guilt. On defilement, although the victim’s age and medical report suggested sexual intercourse, the prosecution failed to prove the appellants’ identities and did not call the medical officer, a material witness. Concluding that the prosecution’s case left reasonable doubts, the court set aside the convictions and acquitted and discharged the appellants.