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
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case focused on allegations of defilement against the accused, a police officer, alleged to have committed the offence on his four-year-old daughter. The prosecution's evidence included testimonies from the victim, her mother, and a medical doctor. However, the court found inconsistencies in the prosecution's case and noted the importance of the burden of proof lying with the prosecution to prove guilt beyond a reasonable doubt. The defence provided by the accused, claiming animosity from his ex-wife, was found reasonably probable, leading to the acquittal and discharge of the accused. The court emphasized legal principles such as the burden of proof, presumption of innocence, and the necessity of corroborating disputed facts.
The Prosecution on the 4th of July 2023 filed a charge sheet with facts of the case attached wherein it charged the accused person herein with the offence of defilement of female under sixteen (16) years of age contrary to Section 101 (2) of the Criminal Offences Act 1960 (Act 29). On the 26th of July 2023, the accused person pleaded not guilty after the charge was read and explained to him in the English Language.
FACTS OF THE CASE
The case of the prosecution is that the complainant is a trader and the mother of the victim, Janet Nana Armah who is a four (4) year old kindergarten girl.
The accused person who is the biological father of the victim, is a police officer stationed at La District.
The complainant and the accused person were once husband and wife.
The prosecution states that on the 25th day of February, 2022 the accused person went to the house of the complainant to pick the victim and her other two older siblings to spend their midterm holidays with him at his girlfriend's house at Labadi.
The prosecution’s story is that on 1st March, 2022 around 5: 00a.
m, the accused person woke up the victim and her two older siblings to prepare them for school.
The two older siblings bathed by themselves whiles the accused person bathed the victim.
The prosecution added that whiles bathing the victim, the accused person inserted his finger in the victim's vagina and anus and used his penis to "brush" her vagina as well.
The next day after their return to the complainant's house, when the complainant was bathing the victim she complained of pains in her vagina.
The victim told the complainant that when she went to spend the midterm holiday with her father (the accused person herein), he inserted his finger in her vagina and anus and also used his penis to "brush" her vagina whiles bathing her.
The story of the prosecution continues that the complainant upon receiving this information first reported the matter to the Odorkor Police Station on 14th March, 2022 where she was issued with a medical form to send the victim to the hospital and later was redirected to the Cantonments Police station where she lodged a complaint.
The accused person was thus arrested.
The prosecution added that in his statement to the Police, he denied inserting his finger in the victim's vagina and anus and also using his penis to "brush" her vagina and rather alleged that the complainant was bitter about his separation from him hence using the victim to get back at him