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June 13, 2023
CIRCUIT COURT
GHANA
CORAM
J U D G M E N T
Accused was brought to Court charged with the offence of defilement contrary to
section 101 of criminal offences Act 29 of 1960. Accused pleaded not guilty to the
charge in open court. The summary of the facts as presented by the prosecution are
that on the 12/5/2022 at about 9:30 am at Wusuta Agavoe the victim age 4 had escorted
one Kekeli who was 2-year-old who came to play with the victim to his mother in the
neighbourhood as he was crying at the time. On her return to the house on a path,
accused met the victim and took her to a lonely place in a nearby bush. Accused
instructed the victim to remove her pant and she obliged and accused knelt before the
victim and inserted the penis into the vagina through the back and ejaculated on
her thighs. The victim after that ran to the house and disclosed her ordeal to the
complainant who is the father of the victim. Accused was apprehended by the
complainant and the family and handed him over to Vakpo police and later arraigned
before this Court.
Accused pleaded not guilty to the charge. The prosecution by the plea, have taken
upon themselves to lead credible evidence to prove the essential elements of the
offence charged beyond reasonable doubt to secure the conviction of the accused or
required under sections 11(2) and 13 (1) of the Evidence Act, 1975 (NRCD 323). In the
case of YEBOAH AND ORS VRS. THE REPUBLIC (CONSOLIDATED) [1972]2 GLR
281-298 Per ATA BADU J as he then was held that: the guilt of the accused must be
proven with the degree of certainty required by law. The accused has no burden on
him to prove his innocence. It is the prosecution which must prove the guilt of the
accused.
The prosecution called three witnesses who gave evidence at the trial. John Akotor of
Vakpo Wusuta-Agavoe the father of the victim gave evidence under oath as PW1. He
said the victim Peace Akotor age four (4) is a kindergarten pupil at Vakpo Adome. He
added that on the 12/5/2022 at about 9:00 am a little boy called Kekeli of two years from
the neighbourhood came to play with the victim at home at Agavoe. The victim sent
Kekeli to his parents who live about fifty meters away when he started crying. Later
the victim returned home crying and there was a whitish discharge on her thighs
suspected to be sperm and she pointed at the accused who was about 40 meters away
walking towards his house. PW1 added further that victim said to him that the
accused inserted his penis into her va
AI Generated Summary
This Circuit Court criminal trial concerns the defilement of four-year-old Peace Akotor in Vakpo Wusuta-Agavoe on 12 May 2022. After escorting her young neighbor, Peace was accosted by the accused, taken to a nearby bush, and subjected to sexual penetration, with ejaculate observed on her thighs. She immediately reported to her father, John Akotor, who apprehended the accused and took both to Vakpo Police. Investigator PW/CPL Naomi Antoe recorded caution statements in which the accused admitted luring the child and inserting his penis between her thighs. A police medical form from Dr. Fiagbenu of Anfoega Catholic Hospital recorded a torn hymen and bruising. The court confirmed Peace’s competency to testify under section 59(1). Applying sections 101 and 99 of Act 29 and relevant case law, the court found the elements of defilement proven beyond reasonable doubt, convicted the accused, and imposed a ten-year custodial sentence.