G/CPL VALENTINO GLIGAH & ANOTHER v. THE REPUBLIC

J U D G M E N T

DOTSE, JSC

INTRODUCTION

The brief facts of this case are that, the accused/appellants, hereafter referred to as accused had been charged with the offence of Rape, tried and convicted by a Court with jury and sentenced to 15 years imprisonment each, with hard labour on the 18th day of July, 2003 by Avril Anin-Yeboah J (Mrs).

On the 13th day of November 2008, an appeal against the conviction and sentence of the accused persons was unanimously dismissed by the Court of Appeal. It is against this Court of Appeal decision that the accused persons have appealed to this Court on the 11th day of December 2008.

GROUNDS OF APPEAL

1. The Court failed to consider and analyse the defence of the appellant which shows the improbability of the alleged act of rape, given the circumstances of the deed.

2. The Court failed to appreciate the absence of a material witness of the prosecuton as being fatal to the proof of the alleged rape beyond reasonable doubts.

FACTS:

As stated supra, the accused persons were arraigned before the trial High Court on a charge of rape.

The statement and particulars of the offence, which are identical and similar read as follows:

“Rape contrary to section 97 of the Criminal and other offences Act, 1960, Act 29 as amended by Act 458. (1993)”.

PARTICULARS

The two accused persons who at all material times were policemen were alleged on or about 22nd day of June, 1998 at Accra in the Greater Accra Region and within the jurisdiction of the Court to have had carnal knowledge of Cynthia Nyante a female without her consent.

CASE FOR THE PROSECUTION

The case for the Prosecution was presented mainly by the victim of the Rape, Cynthia Nyante, PW1 and supported largely by the evidence of the following :

1. P.W.2 - Dr. Christian Boamah Mensah the medical officer at the Police Hospital who examined P.W.1 after the alleged rape

2. P.W.3 – Joseph Kwesi Addo a Police Investigator at the material time attached to the Accra Regional Police CID who investigated the case.

3. P.W.4 – Samuel Nartey who worked at the material time at the station view Hotel, Tudu who testified that the 1st accused never came to their Hotel with P.W.1.

4. PW5 – Police Constable class 1 Adeline Dzomeku stationed at Railways Police, but living at the Accra Central Police Division Sports Annex near the place where the incident was alleged to have happened.

5. PW6 – Chief Inspector Stephen Amoako who was at the material time stationed at the Regiona