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June 26, 2023
DISTRICT COURT
GHANA
CORAM
BACKGROUND
The accused was arraigned before this Court on 20th October, 2022 on a charge of stealing
contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The facts as attached by the Prosecution stated that on the 8th of October, 2022 the
complainant upon the request of the accused granted him the permission to use his
Haojue Motorbike for business and return same in the evening of that same day.
The prosecution stated that the accused person picked an unknown passenger from
Dzodze towards Deme but upon reaching a section of the road the passenger hit the
accused and forcibly took the motorbike from him.
The Prosecution stated that the accused reported the incident to the police but upon
investigations, it was discovered that he took the motorbike to Togo on the said day and
informed some persons there that he brought it from Accra instead of Dzodze.
The prosecution stated that the accused insisted in his cautioned statement that the
motorbike was snatched from him by the unknown passenger but after investigations
was arraigned before the court for prosecution.
PLEA OF ACCUSED
The accused pleaded not guilty to the offence when the charge and particulars of the
offence were read and interpreted to him and was admitted to bail.
Witness statements of witnesses of prosecution together with charge statement and
investigation caution statement of the accused were filed by the prosecution and served
on the accused for trial.
THE CASE OF PROSECUTION
The prosecution called three witnesses, including the complainant and the investigator
to prove his case.
PW1 stated that on the 8th of October, 2022 he gave his motorbike with registration
number M-VD-21 742 to the accused to work for the day.
PW1 stated that he went to a funeral on the said day and while at the funeral received a
phone call from the accused who informed him that the motorbike had been snatched
from him near the Vehem Mawunyo School at Dzodze by some unknown persons.
PW1 stated that he proceeded to meet the accused at the scene to confirm the report and
went with the accused to the police station to make a complaint.
PW1 stated that whiles in the house, the accused stated that he has the contact number of
the person who snatched the motorbike but when they tried the contact it could not go
through so they informed the police that the accused is complicit.
PW1 stated that they went to the house of the accused in Togo in search of the mot
AI Generated Summary
This Magistrate Court judgment by His Worship Nelson Delasi Awuku concerns a theft charge under the Criminal Offences Act against an accused who was permitted to use the complainant’s Haojue motorbike for business on October 8, 2022, with an obligation to return it the same day. The accused reported that an unknown passenger struck him and snatched the motorbike near Dzodze en route to Deme; PW1 and PW2 testified and described follow‑up inquiries in Togo where neighbors allegedly said the accused brought the bike there and gave conflicting accounts of its origin (Accra or Ho). Applying the Evidence Act and Act 29, the court held the prosecution failed to prove appropriation and intent to defraud beyond reasonable doubt, criticized reliance on hearsay and inconsistencies, and acquitted the accused while noting civil recovery remains available to the complainant.