THE REPUBLIC v. SEGLAH KOMLA AND EDO KOFI HLORKA

JUDGMENT

First accused person was brought to this court charged with abetment of a crime to

wit defilement of child contrary to section 20 (1) and 101 of the criminal offences of

1960, Act 29. The Second accused person was charged with defilement of girl

contrary to section 101 of Act 29. Both of them pleaded not guilty to their respective

offences charged.

The brief summary of the facts from the prosecution states that, the complainant

Victoria Kporha age 48 and the daughter victim Forgive Edo Sosu of 14 years of age

in class six at Torkor E. P. Primary School. The victim and the mother live in the

same house with A2 while A1 is a toilet attendant and friend to A2. A2 sent his love

proposal to the victim through A1 and she agreed to same. A2 since the acceptance of her proposal has been giving Five Ghana Cedis (GHȼ 5.00) to the victim daily for

her upkeep. On the1 8/08/2022, the victim visited her maternal grandmother at the

road side near Torkor Harbour. A1 approach her and told her A2 wanted to meet

her at his place. The victim then rushed to the public toilet and met A1’s wife Ame

Wegbe. A few minutes later both A1 and A2 arrived. A1 then offered A2 one of the

single rooms attached to the toilet where A2 and the victim spent the night and A2

had multiple sexual intercourse with the victim. A2 on the next day left the victim

under the care of A1 and the wife. On the 20/08/22 at about 7:00am A2 gave

GHȼ35.00 at the victim through the wife of A1to travel to her father at Aframplains

Madagaster when he realized that victim’s parents were looking for her. It was

while the victim was in the canoe about to set off that someone inform her elder

brother who came to pick her back to the house. On the 21/08/22 at about 12:00am

A2 met the victim outside while she went to urinate, told her to follow him to A1’s

place with her dress and she obliged but after calling A1 on his phone to open the

gate for them on getting there. A2 left the victim there and went away. The victim

went to sleep in a wooden kiosk close to the public toilet where she was found by

her parents at about 2:00 am and she mentioned A1 and A2 as those attending to

her.

For their not guilty plea, the prosecution has taken upon themselves the onus of

leading credible evidence to prove the elements of the offences charged beyond

reasonable doubt to secure their conviction at the trial as required under section 11

(2) and 13 (1) of the Evidence act, 1975 (NRCD 323). It w