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JUDGMENT
J U D G M E N T
CHARGES:
1. Defrauding by False pretenses Contrary To Section 131 of the Criminal Offences Act 1960 (Act 29) as amended.
2. Stealing: Contrary to Section 124(1) of the Criminal Offences Act (Supra).
SUMMARY OF PROSECUTION’S CASE:
It is their case that the accused is an agent who looks for oranges from various farm
owners and buys them for his customers. That a witness in this case introduced the
accused to the complainant as someone who could get her oranges from various farm
owners. That buoyed with this information, the complainant parted with
Gh¢31,400.00 to the accused to buy her oranges.
That after receiving the money, the accused person only bought oranges worth
Gh¢7,500.00 from 3 farms owners leaving a balance of Gh¢23,900.00. That all
efforts made by the complainant to collect that money proved futile, which made the
complainant to lodge a complaint with the police. During investigations, it came to
light that the accused, apart from the 3 farms bought oranges from 4 other farm
owners worth Gh¢19,000.00 but went back to harvest the oranges and appropriated
the money. The prosecution called two witness.
SUMMARY OF ACCUSED PERSON’S EVIDENCE:
It is his case that in July last year, the complainant visited him at Abura Dunkwa to
assist her buy oranges from farm owners. That he agreed to assist her and based on
that, the complainant gave an amount of Gh¢31,000.00 to buy the oranges; out of
which he bought oranges from 4 farms owners at Suponsu, Nkwanta and two farms
at Nyankoma-Nkwanta worth Gh¢2,500.00 each.
That later, the complainant called him on phone to express interest in buying oranges
from farms he had earlier showed her at Osenase, and that at the time, the balance
of complainant’s money with him was Gh¢21,000.00.
That although he had the complainants Gh¢21,000.00 still with him, he failed to tell
the complaint that the orange farmers at Osenase were quoting Gh¢30,000.00, and
were unwilling to sell, and so he left for Agona Swedru. That while at Agona Swedru,
the complainant’s mother called to tell him that other people had harvested the
oranges at Osenase.
That he asked the complainant’s mother if he should send them back the remainder
of their money and they told him that if he could get some farms at Agona Swedru,
he should use it to buy. That he bought oranges from 4 farms at Agona Swedru worth
Gh¢19,000.00 and paid for it and informed the complainant’s mother about it.
That three days af