THE REPUBLIC v. FRANK OBENG alias SHATTA

COURT’S DECISION ON SECTION 173 OF ACT 30

Section 173 of the Criminal and Other Offences(Procedure)Act, 1960(Act 30) states:

If at the close of the evidence in support of the charge, it appears to the Court that a case is not

made out against the accused sufficiently to require him to make a defence, the Court shall, as to

that particular charge, acquit him.2

Accused person is facing prosecution on the following charge:

STATEMENT OF OFFENCE

STEALING, CONTRARY SECTION 124(1) OF THE CRIMINAL OFFENCES ACT,

1960(ACT 29)

PARTICULARS OF OFFENCE

FRANK OBENG @ SHATTA, AGED 24YEARS, TAXI DRIVER: For that you on the 17th

day of December 2022 at about 09:30pm at Mfuom Powerline near Dunkwa-On-Offin

in the Central Circuit and within the jurisdiction of this court, stole Apsonic zone one

motor cycle valued GH¢15,000.00 the property of one Mustapha Sulley.

Section 124(1) of Act 29 states:

Whoever steals shall be guilty of a second degree felony.

Accused pleaded NOT GUILTY to the charge.

The set of facts on which prosecution relied to charge Accused person is as follows:

“Complainant Mustapha Sulley is an excavator operator and lives at Dunkwa-OnOffin. While accused person Frank Obeng @ Shatta, is a Taxi Driver and reside at

Mfuom near Dunkwa-On-Offin. On 17/12/2022 at about 9:00am, the complainant hired

the accused person’s Taxi cab for a funeral program for a fee of GH¢150.00. The

complainant after taken[sic] the vehicle also handed his Apsonic zone one motor bike

value GH¢15,000.00 to the accused for safe keeping. On his returned[sic], complainant

asked accused to bring the said motor bike and come for the said taxi cab. The accused

sent the complainant’s motor bike to him as agreed and complainant gave the accused

a sum amount of GH¢150.00. Accused person after collecting the said amount told the

complainant that he was using his motor bike for his errands which he agreed. On3

18/12/2022 at about 3:00am, the accused person called the complainant on phone and

told him he parked the motor bike in his house that thief or thieves had stolen the said

motor bike. The complainant was not satisfied with the explanation the accused gave

and he reported the case to Police. On 21/12/2022, accused was arrested and he was

charged with the offence as stated in the charge sheet and arraigned before this

honourable court.”

To prove their case against Accused, prosecution called three witnesses and closed their case.

The said witnesses were refer