ERNEST YANFUL ACQUAH v. THE REPUBLIC

APALOO JA:

This is an appeal from the High Court Sekondi dated 11th July 2008. The High Court overturned the decision of the Circuit Court which had previously acquitted and discharged the appellant on one count of defilement contrary to section 101(1) and (2) of Act 29 as amended by Act 554.

By his notice of appeal pursuant to leave of this court the appellant filed (4) four grounds of appeal. The grounds were;

“1. The medical report based on which the charge of defilement

was prosecuted against the appellant …… was not conclusive

that the victim had been defiled.

2. The High Court Judge failed to consider the apparent

inconsistencies in the evidence of PW1, the victim.

3. The defence was not adequately considered by the High

Court sitting as an appellant Court.

4. The sentence is harsh and excessive”.

Although the appellant stated that upon receipt of the record further grounds of appeal would be filed, it is noted that no further or other grounds were filed.

Briefly stated, the case of the prosecution was that the victim, a ten year old was a class 6 pupil of Future Leaders Education Centre in Takoradi, whilst the appellant until his conviction by the High Court was a teacher at Kojokrom Top Hill Preparatory School. Appellant it was noted was a former teacher of the victim in Class 5 at Future Leaders Education Centre. On 11/10/07 after school had closed, the victim and two other pupils sought shelter in the house of the appellant as it was drizzling. When the drizzle stopped and the three pupils informed the appellant that they were leaving his house, the appellant requested the victim to remain in the house to enable her run an errand for him. According to the prosecution the appellant in the absence of the two pupils, took the victim into his room where he forcibly had sex with her. The mother of the victim later observed the unusual walking of the child, took her to a clinic where the victim revealed what had been done to her. A report was subsequently made to the Police and she was issued with Police Medical Form and the appellant was arrested.

After a trial before the Circuit Court Takoradi, that Court acquitted and discharged the appellant. The State appealed the decision of the trial Circuit Court to the High Court Sekondi where the High Court allowed the appeal, convicted the appellant and imposed a 15 year sentence on the appellant. The High Court decision generated this appeal.

It is the view of Counsel for the appellant that