COMMISSIONER OF POLICE V. SEM

ADUMUA-BOSSMAN J.S.C.

This appeal arises out of the prosecution of the appellant in the Circuit Court, Accra, presided over by Mrs. Annie Jiagge, on the charge On the charge of “Defilement of female between ten and fourteen years of age, contrary to section 102 (1) of the Criminal Code: Act No. 29/60,” the particulars of which charge were that he “during the month of April 1961, at Kokomlemle within the jurisdiction of the court, did carnally know one Aba Mindwenbu, a female between ten and fourteen years of age.” He was convicted, not of that graver charge preferred, but of the lesser offence of indecent assault, and sentenced to six months imprisonment with hard labour, the trail judge explaining that:

“The evidence, however, falls short of what is required to prove defilement of a female. The doctor’s evidence was that the hymen was not broken. I find the charge of indecent assault proved. I find accused guilty and convict accused accordingly.”

The appellant while not disputing that i…