<p>SAEED K. GYAN, J.A</p><p>In the case of the Republic v. High Court, Kumasi; Ex Parte Atumfuwa and Another (2000) SCGLR 72, at page 78, Hayfron-Benjamin, JSC affirmed the settled principle of law when he declared as follows:</p><p>“<em>The principle, as clearly laid down in civil matters, is that the Plaintiff or applicant must lose where no evidence is led by either party; for, it is the Plaintiff or the applicant who is seeking relief from the Court or tribunal.”</em></p><p>This is obviously in accord with the provisions of the evidence Act, 1975 (NRCD 323). It is however trite that the burden on the prosecution in a criminal matter is so much higher and more onerous.</p><p>Thus Section 11 of the Evidence Act, 1975 provides as follows:</p><p>1) <em>For the purposes of this Act, the burden of producing evidence means the obligation of a party to introduce sufficient evidence to avoid a ruling on the issue against that party.</em></p><p>2) <em>In a criminal action, the burden of producing evidence, when it is on the prosecution as to a fact essenti…</em></p>