REPUBLIC v. YEBOAH

JUDGMENT OF BAIDOO J.

The accused was tried before this court with the aid of assessors of the offence of defilement of a female under ten years of age contrary to section 101 of the Criminal Code, 1960 (Act 29). The particulars of offence are that the accused, Emmanuel Yeboah, on or about 3 August 1967 at Dormaa-Ahenkro in the Brong-Ahafo Region carnally knew one Mary Antwi (the second prosecution witness) a female under ten years of age.

The victim of the offence Mary Antwi gave evidence as the second prosecution witness. I was satisfied after preliminary inquiry conducted in the face of the assessors in open court of her ability to understand an oath and I therefore allowed her to swear on the cross, she being of the Roman Catholic religious denomination. The evidence shows that she lives with her mother and father, a Roman Catholic Church catechist, in the Catholic Mission House at Dormaa, which is about a half a mile away from the house of the accused, a tailor or women's dress-maker under whom the second prosecution witness's elder sister, Theresa Antwi (the sixth prosecution witness) was studying as his apprentice. Theresa Antwi is a fully grown up girl of about nineteen to twenty years of age by appearance but the complainant, the second prosecution witness, is just nine years of age and is attending the Dormaa Roman Catholic day school. She gave her standard to be class IV or standard 1 and I was satisfied with her performance in the witness-box that she had reached her age of discretion. The relevant portion of her testimony at the trial was as follows:

"The accused lives at the same place where he works. I know Paulina Ansu my friend attending the same school with me. I know also Ginabu Moshie living in the same house with Paulina Ansu. In August last year I went to my friend Paulina Ansu [p.250] and we then left for the public water stand pipe to fetch water. I left Paulina at the pipe to go and visit my sister Theresa at the house or workshop of the accused. He sent me to go and ask Theresa to give me the bush meat he sent her to go and buy if she had any. He further instructed me to bring the meat to him if I got it from Theresa. Theresa told me that she could not get any of the meat so I should go and tell the accused. I went back therefore and told the accused. The accused was then wearing a cover cloth tied around his waist, but he was not wearing any pants. The accused then raised me up on to his thighs as he was seated on a chair. T