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January 13, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
Accused person was arraigned before this court charged with stealing contrary to
section 124 (1) of criminal offences Act, Act 29 of 1960. Accused pleaded not guilty to
the offence in open court. The summary of the facts are that, the complainant Esinam
Dzeble, a trader of Kpando-Konda while accused, unemployed, stays at Kpando Lorry
Station. On the 06-01-2022 at about 7: 00pm, complainant was parking her goods to go
home after the day’s work. Accused came and stood by complainant’s umbrella stand,
then pulled it down and removed the stand into his sack and was going away with it.
Complainant raised an alarm and accused was arrested and handed over to the police.
Accused denied the offence during investigations but was charged with the offence.
With the not guilty plea to the offence as charged, the prosecution then assumed the
onus of adducing credible evidence to establish the guilt of the accused person beyond
reasonable doubt to secure the conviction of the accused as required under Sections
11 (2) and 13 (1) of the Evidence Act 1975 ( NRCD 323). It was held in YEBOAH AND OTHERS VRS THE REPUBLIC (CONSOLIDATED) (1972) 2 GLR 281 – 293 Per ATA
BADU J (as he then was) 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 two witnesses who filed their witness statements in proving
the offence charged.
Esinam Dzeble tendered her statement into evidence under oath as PW1. She stated
that at about 7:40pm on the 06-01-22 she was packing her umbrellas which she gives
out for rent into her shop. She heard some noise around the shop. She went to check
what was going on and saw people around the accused holding one of her umbrella
stands in his sack with his other belongings. PW1 then asked the accused where the
umbrella was, as there was no umbrella on the stand. Accused then went to show her
where the umbrella was and she went for it. Under cross examination, PW1
maintained that accused stole the said umbrella.
D/Sgt. Amin Ibrahim of Kpando District Police C.I.D. tendered his witness statement
into evidence as PW2 that, this case was referred to him to investigate on the 06-01-22.
PW2 added that PW1 told him of constant theft of her umbrella stands and it was the
accused who stole them all. Accused was arrested by other market women and
hand
AI Generated Summary
In the Circuit Court presided over by His Honour Francis Asong Obuaj0, the prosecution charged an unemployed man residing at Kpando Lorry Station with stealing under Section 124(1) of the Criminal Offences Act, 1960 (Act 29). The complainant, Esinam Dzeble, a trader of Kpando-Konda who rents umbrella stands, testified that on 06-01-2022, as she packed her goods, the accused stood by her stand, pulled it down, and placed the stand in his sack. Market women apprehended him, and D/Sgt. Amin Ibrahim (PW2) investigated, tendering the accused’s caution and charged statements (Exhibits A and A1) and the recovered stand (Exhibit B). The court applied the statutory elements of stealing—appropriation, dishonesty, property not belonging to the accused—and found appropriation established without need for “carrying away,” citing ANING v. The Republic. The accused’s claim he thought the stand belonged to his mother was rejected as an afterthought due to lack of corroboration. He was convicted and ordered to sign a two‑year bond of good behavior, with three years’ imprisonment in default.