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April 13, 2023
CIRCUIT COURT
GHANA
CORAM
RULING ON SUBMISSION NO CASE
FACTS:
The accused person was arraigned before this court on a charge of defilement
contrary to Section 101(2) of the Criminal Offences Act, (1960) Act 29.
The brief facts alleged by the prosecution are that the complainant, Nana
Amoateng, is a factory hand and the landlord of the mother of the alleged
victim. According to the prosecution, the alleged victim, Erica Xlornyeku is
aged 10 years and a class 3 pupil and the accused person is a trader and a
tenant of the complainant. The prosecution alleges that the victim’s mother
works at Cape Coast and left the victim and her brother in the care of
complainant’s mother. The prosecution further alleges that, the complainant
detected changes in the victim’s walking and on 13th October, 2021 at about2
12:00 midnight, complainant returned from work and his mother, one
Beatrice Peprah informed him that she examined the victim’s anus and saw
changes with an offensive discharge. The said Beatrice Peprah further
informed the complainant that when she interviewed the victim, she narrated
her ordeal to them that on 29th September, 2021 at about 9:00pm, the accused
person lured her into the bathroom and had sexual intercourse with her
through the anus and stated further that the accused person had anal sex with
her on several occasions. The prosecution stated that on 14th October, 2021, a
report was made at the Domestic Violence and Victim Support Unit
(DOVVSU) Ashaiman and a Police Medical Report Form was issued to
complainant to take victim to the hospital which was returned dully endorsed
by a medical officer. Subsequently, the accused person was arrested,
cautioned and after investigations, he was charged with the offence and
arraigned before this Honourable court.
THE PLEA
The accused person pleaded not guilty to the charge after it had been read
and explained to him in the Twi Language. The accused person having
pleaded not guilty to the charge puts the entire facts of the prosecution in
issue and thereafter the prosecution assumed the onerous burden to prove the
guilt of the accused person beyond reasonable doubt.
The case proceeded to trial and to prove its case, the prosecution called three
(3) witnesses and tendered in evidence Exhibit ‚A‛, the birth certificate of the
alleged victim, Exhibit ‚B‛ Series-Photographs, Exhibit ‚C‛-Caution
statement of the accused person, Exhibit ‚D‛- Charge statement of the
accused person. At the close of the case o
AI Generated Summary
Her Honour Agnes Opoku-Barnieh of the Ghana Circuit Court ruled on a submission of no case in a defilement prosecution involving 10-year-old Erica Xlornyeku and a trader-tenant in the household of complainant Nana Amoateng. Erica’s mother worked in Cape Coast and left Erica and her brother in the care of Amoateng’s mother, Beatrice Peprah, who observed changes in Erica’s walking and examined her anus. The case was reported to DOVVSU Ashaiman; exhibits included the birth certificate, scene photographs, and the accused’s caution and charge statements. At the close of the prosecution’s case, the court assessed the prima facie standard under Act 30 section 173, the elements of defilement under Act 29, and corroboration principles under the Evidence Act, citing Asante (No.1), Tsatsu Tsikata, and R v Henry & Manning. Crucial deficiencies included the failure to tender the medical report or call the medical officer and grandmother, and evidence of prior assaults by “Togo.” Finding the evidence manifestly unreliable, the court upheld the no-case submission and acquitted the accused.