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JUDGMENT
J U D G M E N T
The Accused person herein was arraigned before this Court, charged with the offence
of Stealing: Contrary to Section 124(1) of the Criminal and Other Offences Act, 30/60.
Accused herein pleaded not guilty after the offence was read and explained to him.
In the Republic vrs. Adu Boahen and Another (1993 – 94) 2 GLR 324 -342, per Kpegah
JSC, the Supreme Court held that:
“A plea of not guilty is a general denial of the charge by an accused which makes it imperative
that the prosecution proves its case against an accused person …. When a plea of not guilty
is voluntarily entered by an accused or is entered for him by the trial court, the prosecution2
assumes the burden to prove, by admissible and credible evidence, every ingredient of the
offence beyond reasonable doubt”.
BRIEF FACTS OF THE CASE
The complainant, Norgbe Jeremiah is a commercial motor rider and lives at Torkor a suburb
of Aflao. The accused Awashie Douglas is a farmer and also lives at Gbedekorpe, Aflao. On
15th day of April, 2022 about 5:00pm, the complainant parked his Haojue motorbike with
registration number M-20VD-1594 at the main entrance of his mother’s House at Avedzi,
Aflao. He went into the House and had some conversations with his mother which lasted
less than 20 minutes, he returned to pick the motorbike and it was stolen. He then informed
his friends about the theft of the motorbike and a witness in this case told him that he saw the
accused pushing the motorbike the very day it was stolen. Complainant together with friends
searched for the accused but could not locate him. He reported the case to the Police and
accused was later arrested. Accused denied the offence in his investigation caution statement.
After investigations he was charged with the offence as stated in the charged sheet and now
before this Honourable Court.
The prosecution in its bid to discharge the burden placed upon it called four (4)
witnesses.
The testimony of PW1, Norgbe Jeremiah (complainant) confirmed the facts of the case
as presented by the prosecution.
PW2, Moses Srigboh told the Court that on 15/04/2022 at about 5:35pm, he was standing
in front of his workshop when he saw the accused person pushing a motorbike towards him,
he contends accused branched immediately by his side and at that particular instant PW3,
emerged.
PW2, avers he then told PW3 that accused is in possession of a stolen motor bike based
on the way he was turning his head around and that