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May 27, 1968
HIGH COURT
GHANA
CORAM
JUDGMENT OF CAMPBELL J.
The accused is charged with rape contrary to section 97 of the Criminal Code, 1960 (Act 29), for that he on the morning of 2 March 1967 did carnally know a certain woman without her consent. The issue as to whether sexual intercourse took place is not in dispute because the accused both in his evidence in court and in two extra judicial statements adopted by him as part of his evidence, admits the fact that he did have sexual intercourse with the complainant on the morning in question. These extra-judicial statements were tendered in evidence as exhibit C and exhibit D respectively. The complainant herself testified that the accused forced his way and set his penis in her vagina and had sexual intercourse with her.
The only issue now calling for determination is whether the intercourse was with or without the consent of the complainant. The complainant's version is that she had only once previously been near the house of the accused and this was when she was called by the sixth prosecution witness, Amma Nyame, to sell oranges to the accused. She, on this occasion, returned to where she was selling her oranges after having sold the oranges. She said she did not know the home of the accused before, and had never since gone back there until the incident on 2 March 1967 the subject-matter of the charge. The complainant further said that on the morning in question at about 7 a.m. she was proceeding on the motor road fronting the accused's rented quarters on her way to her grandmother's house when the accused called her to make some purchase for him, and she went to him.
The accused who was standing in front of his room leaning on a rail polishing his shoes, left where he was standing and went as if to enter his room. The accused then stretched his hand as if to give her something with which to make the purchase, she stretched her hand to receive the same, she was immediately seized by the wrist and suddenly pulled into the room by the accused who then locked the room door. The seizure of her and her being pulled into the room was so sudden that she had no time to protest to him saying he should leave her, before the room was locked. The accused then threw her to the floor despite her protest that she had a husband and so he should open the door and let her go. He then cut her waist beads from her waist and tore off her drawers. She protested and [p.515] struggled, the accused reached for a knife on a nearby table and threatened to k
AI Generated Summary
A single-judge criminal trial before Campbell J addressed whether a woman consented to sexual intercourse on the morning of 2 March 1967. The accused admitted intercourse both in court and in extra-judicial statements (exhibits C and D), claiming it was consensual and the result of an ongoing clandestine relationship; he also said the complainant asked for N¢5.00. The complainant testified that the accused called her to make a purchase, seized her wrist, pulled her into his locked room, cut her waist beads and tore her drawers, threatened her with a knife, pinned her legs, and had intercourse while she protested, cried, and shouted. Neighbor Adwoa Fordjuor saw the accused pull the complainant inside; landlady Adwoa Buoh and Theresa Anaa heard the complainant crying and urged the accused to release her. The complainant immediately reported to her aunt and the Suame Police Station and later identified the accused. The judge found corroboration of non-consent, rejected the accused’s story as improbable, and convicted him of rape under section 97.