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THE REPUBLIC VS G/CPL ISMAEL YEBOAH

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE MARY M.E YANZUH

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

The High Court (Justice Mary M. E. Yanzuh) tried Cpl. Ishmael Yeboah for defilement under section 101 of Act 29, arising from allegations that he digitally and penilely penetrated his four-year-old daughter, Janet Nana Armah, while bathing her at the Labadi residence of his girlfriend, Rose Amankwah, during a midterm visit. The complainant, Gloria Fosu, reported to police; a medical doctor documented hymenal tears and hyperemia consistent with forceful entry. Yeboah denied wrongdoing and alleged animus from his estranged wife. Applying the burden of proof, evidentiary standards, definitions of carnal knowledge, and the treatment of expert opinion and discrepancies, the court found Janet’s age under sixteen and that penetration occurred, but held the prosecution failed to prove identity beyond reasonable doubt due to material inconsistencies and lack of corroboration. Yeboah was acquitted and discharged.

JUDGMENT