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February 14, 2023
DISTRICT COURT
GHANA
CORAM
JUDGEMENT
The accused person was arraigned before this Court on the 13th July, 2022 charged with
the offence of stealing contrary to section 124(1) of the Criminal and Other Offences Act,
1960 (Act 29).
The accused persons pleaded not guilty after the charge had been read out and explained
to him for which reason the prosecution assumed the burden of proof and must prove
the charge against the accused person beyond reasonable doubt.
FACTS OF THE CASE
The facts of the case as presented by the prosecution were that, the Complainant is a
farmer and a welder whilst the accused person is a farmer and both reside at TokuroanoLotri. For some time now the complainant has been detecting series of theft of tubers of
yam from his farm. On the 8th July, 2022 at about 4:00pm, the complainant visited his farm
and realised that someone had freshly dug out eight tubers of yam from his yam mounds.
The complainant decided to follow the footprints of the person leading to the town and
through that he spotted the accused person carrying a sack with tubers of yam and
heading to his house. The complainant immediately suspected the accused and decided
to lay surveillance on him. Later the complainant and his friends spotted the accused
person attempting to sell the yam to one Madam Doris. The complainant confronted the
accused and the accused admitted having stolen the yam from complainant’s farm. The
accused person was arrested and handed over to the police. The accused admitted the
offence in his caution statement to the police. After investigation he was charged and
arraigned before this court.
THE CASE OF THE PROSECUTION
PW1 (complainant) confirmed the facts as presented by the prosecution.
PW2 in his witness statement indicated that for some time now PW1 has been
complaining to him that thieves have been stealing yam from his farm. PW2 said on
08/07/2022 at about 4:30pm he was in his shop at Tokuroano when the complainant came
to inform him that he suspect the accused to be the culprit in the series of theft from his
farm. According to PW2 he was further told by PW1 that he (PW1) visited his farm and
realised that eight (8) tubers of yam had just been dug from the yam mounds by an
unknown person. PW2 stated further that PW1 then told him that when he (PW1) left his
farm heading home he saw the accused carrying a sack containing some tubers of yam
and he strongly suspect that, it was his yam the accused was carrying away. PW2 added
that he tog
AI Generated Summary
Before the District Magistrate, His Worship Alhassan Dramani, Esq., the prosecution charged Tokuroano Lotri farmer Donkor Kwame with stealing under section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29). The complainant, a farmer and welder, had noticed recent yam thefts and, on July 8, 2022, discovered eight mounds freshly disturbed. Following footprints, he observed Kwame carrying a sack of yams and later attempting to sell them to Madam Doris. Confronted, Kwame admitted stealing, and PW2 and PW3 corroborated that he confessed while being escorted to police. The investigator tendered caution and charge statements in which Kwame admitted harvesting yams from the complainant’s farm. Although Kwame testified the yams were his and denied making statements, his testimony conflicted with earlier admissions and cross-examination answers. Relying on the Evidence Act’s burden of proof, hearsay rules, and authorities on prior inconsistent statements, the court found dishonest appropriation proved beyond reasonable doubt, convicted Kwame, and imposed a fine of 85 penalty units, with four months’ imprisonment in default.