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ROBERT GYAMFI (ALIAS APPIAH) V. THE REPUBLIC

(2019) JELR 65737 (CA)

Court of Appeal  •  CRIMINAL APPEAL SUIT NO: H2/02/19  •  27 Feb 2019  •  Ghana

Coram
M. OWUSU JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA

Appearances
FREDRICK KANKAM BOADU FOR THE APPELLANT,AKOSUA DANSOAA ASIAMAH CHRISTOPHER (SA),LED BY CECILIA ANIMA PEPRAH AND AVON,ADJIMA ADJARE FOR THE REPUBLIC/RESPONDENT

Judgement

JUDGMENT

DZAMEFE, JA

The appellant was charged with the offence of defilement contrary to section 101 of the Criminal Offences Act 29/60. The particulars are that the appellant, aged 22, a teacher in 2014 at Pakyi No.2 in the Ashanti Region and within the jurisdiction of the Circuit Court Kumasi did have carnal knowledge of one Amidia Iddrisu aged 12 years.

Facts

Complainant Fati Iddrisu is a food vendor, she is the grandmother of victim Amidia Iddrisu aged 12 years and a class 6 pupil of Little Flower International School while accused person Robert Gyamfi aged 22 years is a teacher. Both parties reside at Pakyi No.2 Kumasi. According to the victim, about 5 months ago after the close of school, the accused person gave his room keys together with some books for her to take home. On reaching the accused’s room he came from nowhere and pushed the victim on his bed, forcibly removed her pant and had sexual intercourse with her. In the process of having sex with her she was feeling pains and …

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