KWESI EDUAM vs THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted and sentenced to ten years in prison for defilement by the Circuit Court, Mankessim. The appellant appealed the conviction, arguing the judgment was not based on evidence and the sentence was excessive. The High Court reviewed the evidence, including the testimonies, medical report, and the circumstances presented during the trial. The court found that the evidence presented by the prosecution did not meet the standard of proof beyond reasonable doubt required in criminal cases. Consequently, the High Court set aside the conviction and sentence, resulting in the appellant's acquittal and discharge.
On 19th April, 2021, the Circuit Court, Mankessim, convicted and sentence the Appellant to Ten (10) years imprisonment with hard labour for the offence of defilement contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 29). Being aggrieved and dissatisfied with the conclusion of the learned trial Judge, the Appellant has appealed to this Court on the grounds contained in the Petition of Appeal filed on 5th July, 2023. The said grounds are reproduced below: 1. That the judgment is not supported having regard to the evidence on record.
2. That the sentence is harsh and excessive.
The facts of the case as presented by the Prosecution are that, on 27th December, 2020 at about 9: 30am, the Appellant met the survivor around the Complainant’s provision store.
He asked the survivor to accompany him to a drinking spot for a bottle of soft drink as her Christmas gift.
The survivor innocently followed the Appellant to a nearby drinking spot but on reaching there, the Appellant pretended not having any money in his pocket.
He then lured the survivor to accompany him to his house which is about 300 meters away from the drinking spot in order to get some money to buy her the drink.
The survivor had the shock of her life when they got to the Appellant’s house.
The Appellant pulled the survivor into his room, gave her a Hundred Ghana Cedis(GH₵100. 00) and forcibly had sexual intercourse with her.
The complainant who was searching for her daughter (the survivor in this case) got wind that the Appellant was walking with the survivor towards his house.
The complainant followed to the house of the Appellant and on reaching there she noticed that the door to his room had been shut.
The complainant became suspicious and forced the door open.
She saw the Appellant and the survivor in the room.
The survivor then informed her mother of the ordeal she had gone through in the hands of the Appellant.
The complainant subsequently reported the matter to the Police and the Appellant was arrested.
The Appellant denied the above sequence of events.
On his part, events which snowballed to his arrest and conviction, as captured in his caution statements to the Police during investigation (EXHIBIT A), are that he used to buy the complainant’s food and because of that her children are his friends.
On 27th December, 2020 at about 8: 30 am, the Appellant met the Survivor and she enquired of her Christmas gift for which the Appellant purchased a canned malt for her as h