ERIC ASANTE V. THE REPUBLIC

PWAMANG, JSC.

On 5th September, 2005 the Appellant was convicted by the High Court, Tamale of Defilement contrary to Section 101 (2) of the Criminal Offences Act, 1960 (Act 29) as Amended by the Criminal Offences (Amendment) Act, 1998, Act 554 and sentenced to 15 years with Hard Labour. He was aggrieved by the judgment so he appealed against his conviction and sentence but the Court of Appeal by a unanimous decision dated 6^th April, 2006 dismissed the appeal. On 17^th July, 2012 this court granted leave to appellant to appeal against the judgment of the Court of Appeal and he filed the pursuant Notice of Appeal on 25^th July, 2012.

The case against appellant was that on or about 12^th November, 2003, while teaching Agricultural Science at Nyohini Presbyterian Junior Secondary School (JSS) at Tamale, he carnally knew a pupil of the school aged 14 years. At that time the victim was living with her auntie and her auntie’s husband at Nyohini, a suburb of Tamale. The victim’s biological mother …