[1971]DLCA2578December 21, 1971Court of Appeal

ANNIN vs. THE REPUBLIC

The appellant, a policeman, was convicted of raping a young schoolgirl, Mary Acquah, without her consent in his room at the Police Depot, Accra. The complainant was invited by a policewoman, Miss Elizabeth Quaye, to her room and then taken to the appellant's room where the rape occurred after a struggle. Evidence included eyewitness accounts, the complainant's distressed state, and medical testimony confirming the presence of male sperm. The appellant denied the allegations, claiming the complainant never entered his room.

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After hearing counsel for the appellant, a policeman, the appeal was dismissed without calling for the Republic as there was not much merit in the appeal; further the only ground of law argued has been the subject-matter of constant pronouncements in these courts and, but for respect to counsel no useful purpose would be served by reiterating those principles. Shortly, the facts are that the appellant had been convicted of the carnal knowledge without her consent of a young school girl, Miss Mary Acquah. The rape was committed in the room of the appellant in the Police Depot, Accra. There was overwhelming evidence that Mary Acquah was on her way home from school with her friends when she was invited by Miss Elizabeth Quaye, a police woman. The children described her as a very stout police woman. She then took the complainant to her room; subsequently she asked the complainant to accompany her to a room which turned out to be the appellant’s; after discussion between the two police.....