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May 18, 2023
CIRCUIT COURT
GHANA
CORAM
J U D G M E N T
The accused person is charged with stealing contrary to section 124(1) of the
Criminal offences Act, 1960, Act 29. And the particulars were as follows;
RAZAK MOHAMMED, 25 YEARS A BUTCHER, that you on the 25th day of August
2021 at Wurubu in the Jasikan Circuit in the Oti region of the Republic of Ghana and
within the jurisdiction of this court did dishonestly appropriate one female cow
valued GHS3,500.00 the property of Awuranyi Eric.
THE CASE OF PROSECUTION
The prosecution, in all, called three (3) witnesses in support of its case, the
complainant Awuranyi Eric as (PW1), Larry Kofi as PW2, and the investigator,
G/L.Cpl. Thomas Kwabla Gbedzi, of the case as the PW3.
The evidence of PW1, was simply that he had information from Alhaji Mahama who
is the herdsman in charge of the animals that his cow has been stolen on August 25,
2021 from his Kraal at Wurubu and he started making efforts to locate the missing
cow. That he was told by the herdsman they traced the people who stole the animaltowards Kechebi. That he called one Larry Kofi, PW2, who happens to live closer to
where the thieves were heading towards to lay ambush for the thief. That later Larry
Kofi called to inform him that they have arrested the accused person but three other
persons who were with the accused managed to escape. That he hurriedly went
there and met the accused person with the missing cow. That together with Larry
Kofi and the other witnesses they escorted the accused person with the motor
tricycle used to cart the animal to the Police station. The testimony of PW2, was that
he had a call from the complainant to the effect that some people had stolen his cow
and the people are heading towards Nkwanta so he should try and lay ambush on
the road to arrest the people with the cow. It was deep in the night and he thought it
was not safe to be on the road alone so he moved to Kechebi Township and stood by
the road with other persons. That around 3.00am they heard a noise of an oncoming
tricycle from Njare direction and soon after the accused carrying two other persons
on his motor cycle escorting the motor tricycle that contained the cow showed up.
That they managed to arrest the accused person and the tricycle with the missing
cow but the other two persons on the accused motor bike escaped. The accused
claimed ownership of the cow having bought same from the Fulani men. That the
accused was handed over to the Police together with the Exhibit
AI Generated Summary
In the Jasikan Circuit Court, His Honour Judge Alfred Kwabena Asiedu acquitted Razak Mohammed, a 25-year-old butcher, on a charge of stealing a female cow valued at GHS 3,500 owned by Awuranyi Eric. The prosecution’s narrative came from three witnesses—Eric (PW1), lay witness Larry Kofi (PW2), and investigator G/L.Cpl. Thomas Kwabla Gbedzi (PW3)—who described intercepting a tricycle carrying the cow near Kechebi in the early morning while Razak escorted it on a motorcycle, and two companions fled. Razak consistently claimed he lawfully bought the cow at Njare for GHS 2,700 from Fulani sellers and hired the tricycle to transport it to Nkwanta. PW3’s investigation corroborated this purchase. Applying the Criminal Offences Act and Ghanaian authorities, the judge found appropriation established but dishonesty unproven, emphasized the prosecution’s burden under the Evidence Act, and concluded there was no evidence Razak knew the cow was stolen when he purchased it, warranting an acquittal.