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JUDGMENT
JUDGMENT
The Accused Person herein has been arraigned before this Court charged with stealing
contrary to Section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29). The
Accused Person pleaded not guilty after the charge had been read out and explained
to him.
The hearing of this case was commenced before the Court differently constituted. The
Court presently constituted inherited same as a part-heard. Being a criminal case,
same was started de-novo, the plea of the Accused Person was taken again and he
pleaded not guilty as has been noted supra.
THE FACTS OF THE CASE
It is the case of the Prosecution that during April 2017, the Complainant in this case
noticed that, some items belonging to the Complainant and her mother had been
stolen. Suspecting the Accused, because he was the caretaker of the house, the
Complainant reported the matter to the Police hence the arraignment of the Accused
Person before this Court. The items claimed to have been stolen by the Accused
included; one nokia mobile phone, three goats, 2 sim cards, ten fouls, twenty pieces of
African prints, five yards of lace material, saucepans, plates and cutlery set, one
commercial rice cooker, some cosmetics and physical cash of GH¢5,000.00.
PW 1
PW1 alleged that, her family took in the Accused to act as a caretaker in her mother’s
house but after her mother passed on, the Accused started creating division in the
family and finally conniving with PW1’s step-siblings to evict PW2 from the house.
PW 2
It is PW2’s case that, the Accused was brought to the house as an errand boy but upon
the demise of her step-father, the Accused Person began stealing from PW2’s mother.
PW2 continued that, although she ignored the actions of the Accused Person, the
situation got worse after the death of her mother. PW2 added that, the Accused started
to be of ungoverned character and also suspected the Accused Person of stealing the
items listed supra.
PW3
PW3, the investigator in this case, justified that on 30th March, 2018, PW1 reported a
case of stealing against the Accused Person. Following this, the Accused Person was
invited and denied all the allegations levelled against him claiming that the items with
him were given to him by one Benita Miller who happens to be a sister to PW1 and
PW2. PW3 stated that, the said Benita Miller corroborated the Accused’s claims but
the Accused was still charged and arraigned before Court based on the statement
given by the Com