THE REPUBLIC v. CALEB DENNIS

RULING ON SUBMISSION OF NO CASE

FACTS

The Juvenile herein was charged with the Offence of Defilement of Female

under 16 years of Age: Contrary to Section 101 (2) of the Criminal Offences Act,

1960 (Act 29). The facts of the matter as incorporated from the Charge Sheet are

that the complainant lives with her family at Tse Addo and is a mother to the

victim who is Six (6) years old. The Juvenile is 16 years old and a school

dropout but works as a gateman and guardsman for the Complainant. On the

22nd of July 2022 at about 3.00pm, complainant observed that her daughter was

nowhere to be found and when she combed the house, she found her at the

Boys’ quarters with the Juvenile. The victim had her palms on her vagina and

when the complainant questioned the victim, she confessed that the Juvenile had intercourse with her and that has been the third time after he had

previously fingered her twice at different dates. Juvenile, being alarmed

managed to escape into hiding but upon a complaint lodged by the

Complainant at the Cantonments Police Station (DOVVSU Office), the Juvenile

was tracked at his hideout at Teshie Rasta and arrested. The victim was sent to

the Police Hospital where she was examined, treated and a Medical Report was

endorsed by a Medical Officer. In his Investigation Caution Statement to the

Police, the Juvenile admitted having had sexual intercourse with the Victim and

was later charged with the offence and arraigned before the court.

The Plea

On the 28th day of July 2022, the Juvenile pleaded not guilty to the offence after

same was read and explained to him in the English Language. The Prosecution

assumed the burden to prove the guilt of the Juvenile beyond reasonable doubt.

To prove their case, the Prosecution called Five (5) Witnesses and tendered in

the following as Exhibits;

Exhibit ‚A‛- Statement of the Complainant to the Police;

Exhibit ‚B‛- Statement of the victim to the Police;

Exhibit ‚D‛- Juvenile’s Cautioned Statement;

Exhibit ‚E‛- Juvenile’s Charge Statement;

Exhibit ‚F‛- General Medical Form from the Ghana Police Service;

Exhibit ‚G‛- Birth Certificate of Victim;

At the close of the case for the Prosecution, Learned Counsel for the Juvenile

submitted that no case has been sufficiently made out against the Juvenile to

require him to open him defence and filed a written submission of no case on 4th

of January, 2023.

Analysis

Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act