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June 20, 2023
CIRCUIT COURT
GHANA
CORAM
RULING ON SUBMISSION OF NO CASE
FACTS:
The accused person was arraigned before this court on 7th September 2022 on
a charge of defilement of a child under sixteen years of age contrary to
Section 101(2) of Act 29.
The briefs facts alleged by the prosecution in support of the charge are that
Dengmeyo Teyekpiti, aged 50 years is a fishmonger and the grandmother of
the alleged victim, Layer Mandey Teyekpiti, aged 7 years at the time of the
supposed incident. Also, the accused person, Edward Djangmah, aged 34
years is a fisherman and lives at Ada-Foah with the complainant and the
alleged victim. The prosecution claims that somewhere in September 2021,
one afternoon, the alleged victim was playing with her peers when the2
accused person sent her on an errand. On her return, he lured her into his
room and had sexual intercourse with her. According to the prosecution, after
the act, the accused person warned her not to disclose her ordeal to anyone
which she obliged. Two months later, the complainant noticed an unusual
discharge from the alleged victim’s vagina and sent her to the hospital where
she was treated and discharged. A few days later, the medical condition
resurfaced which startled the complainant. She therefore interrogated the
alleged victim who disclosed her ordeal in the hands of the accused person to
her. Based on that, a report was made to the police and a medical report form
was issued to the complainant to send the alleged victim to the hospital for
examination and treatment which was duly endorsed by a Medical Officer.
The prosecution further claims that the accused person went into hiding but
was arrested on 16th August, 2022, and charged with the offence and
arraigned before the court.
THE PLEA
The accused person who was represented by Counsel pleaded not guilty to
the charge after it had been read and explained to him in the Dangbe
language. The accused person having pleaded not guilty to the charge put the
entire facts of the prosecution in issue and thereafter the prosecution assumed
the burden to prove the guilt of the accused person beyond reasonable doubt.
To prove their case, the prosecution called four witnesses and tendered in
evidence the following documentary evidence; Exhibit ‚A‛- Weighing card of
the alleged victim, Exhibit ‚B‛-Investigation Caution Statement of the
accused person, Exhibit ‚C‛, the charge statement of the accused person,
Exhibit ‚D‛- the medical report on the alleged victim. At
AI Generated Summary
This Circuit Court ruling concerns a submission of no case after the prosecution closed its case against Edward Djangmah, a 34-year-old fisherman at Ada-Foah, charged with defilement under section 101(2) of Act 29. The complainant, Dengmeyo Teyekpiti, the seven-year-old victim’s grandmother, alleged that in September 2021 Djangmah lured the child into his room after sending her to buy kenkey and had sexual intercourse with her, warning her not to tell anyone. Two months later, she observed vaginal discharge and sought medical help; the condition recurred and the child later disclosed the incident to “Auntie Bee.” The police investigated and arrested Djangmah in August 2022. At trial, four witnesses testified and documents were tendered, including a medical report. The medical officer observed a normal vulva, intact hymen, and vulvovaginitis, not linked to sexual activity. Witness accounts conflicted about bleeding, and key corroborative witnesses were not called. Applying section 173 of Act 30 and the prima facie standard, the court found no case and acquitted Djangmah.