R V. BUSANGA

VAN LARE J.A.: The appeal was ably argued for the appellant, mainly on the ground that the conviction cannot be supported having regard to the evidence, particularly because there is no evidence available which the trial-judge and the assessors could have regarded as affording the necessary corroboration in law of the unsworn evidence of P. W. 2.

P.W.2 is a child of seven years, whom the trial - Judge did not find to appear to understand the nature of meaning of an oath, and who was allowed to give unsworn testimony. The law is that no person shall be convicted upon the uncorroborated evidence of a person who shall have given his evidence without oath or affirmation. This is so a fortiori in the case of a child of tender years.

We note, however, that the learned Judge, in considering this aspect of the matter, regarded the evidence of Boakye Adare and Akosua Akoto as corroborative of the child’s story. In this we differ, with respect, from the trial-Judge. The evidence of Boakye Adare i…