THOMAS KOFI AGBANU vs THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH, ESQ.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a conviction and sentence for defilement. The appellant was originally convicted by the Circuit Court, Sogakope, and sentenced to seven years of hard labour. Both the appellant's counsel and the republic's counsel agreed that the conviction could not stand due to the absence of a critical element of the charge - proof of carnal knowledge of the victim by the appellant. The key evidence, a medical report (Exhibit "A"), only established that the victim's hymen was not intact but did not link the appellant to the offence. The judge agreed with both counsels, noting that the broken hymen could have been caused by anyone. As a result, the appeal was successful. The judge set aside the original judgement, found the appellant not guilty, set aside the conviction, and ordered the immediate release of the appellant from custody.
The present appeal filed by the appellant is against his conviction and sentenced by the Circuit Court, Sogakope dated 8 th December, 2022. In the said judgment the appellant who had been charged with defilement contrary to section 101 of Act 29(60) had been found guilty, convicted and sentenced to seven(7) years in hard labour.
It is against the said conviction and sentence that the present appeal has been filed on behalf of the appellant.
Both Counsel for the appellant and the republic agree that the conviction and sentence of the appellant cannot stand due to the absence of a critical element of the charge.
That relates to the absence of carnal knowledge of the victim by the appellant.
I have taken pains to read the entirety of the record of appeal vis a vis the submission by both counsel and I am in complete agreement with them.
The only evidence on that score was Exhibit “A” being the Medical Report issued by the Medical Doctor on the victim.
The said Medical Form did not in any way link the appellant to the commission of the offence.
What the said Medical Form establishes is the fact that the hymen of the victim was not intact.
But aside that one could not say for a fact that the victim had been carnally known by the appellant.
In fact, anybody could have broken the hymen.
It is in this vein that in my view the appeal succeeds.
I would set aside the judgement of the Circuit Court and in its place come to the conclusion that the appellant is not guilty of the offence.
In that regard, the evidence on record do not support the conviction.
I would set aside the said conviction and order the immediate release of the appellant from custody.
Order to be served on the prison authorities where the appellant is being held for their necessary compliance. [SGD]H/L JUSTICE DANIEL MENSAH JUSTICE OF THE HIGH COURT.