MOSHIE vs. THE REPUBLIC

The appellant, a farmer, was tried before the Circuit Court, Sunyani, for defilement of a female under ten years of age contrary to section 101 of the Criminal Code, 1960 (Act 29). The prosecution alleged that on or about 19 December 1973 at Bechem he carnally knew Setu Moshie, an eight-year-old girl. The medical evidence showed bleeding and a crack at the posterior wall of the vaginal cavity, but no abrasion or laceration at the vaginal entrance, no broken hymen was specifically established in the extract, and no abrasion or laceration on the appellant’s penis. The child gave unsworn evidence. The trial court convicted and sentenced the appellant to seven years’ imprisonment with hard labour. [Portion: opening paragraph beginning “The appellant was arraigned before the Circuit Court, Sunyani...” and medical evidence passages beginning “At the trial a medical officer was called...” ]

JUDGMENT OF OSEI-HWERE J. The appellant was arraigned before the Circuit Court, Sunyani, on a charge of defilement of a female under ten years of age contrary to section 101 of the Criminal Code, 1960 (Act 29). The particulars of the offence disclosed that the appellant, a farmer, on or about 19 December 1973, at Bechem, carnally knew one Setu Moshie a female under ten years of age. The appellant pleaded not guilty to the charge and after his trial he was found guilty and convicted and sentenced to seven years’ imprisonment with hard labour. He is aggrieved by this conviction and sentence and he has therefore appealed to this court against the said conviction and sentence. On his behalf his counsel has filed the following grounds of appeal: “(1) The judgment of the learned trial judge is unreasonable and cannot be supported having regard to the evidence. (2) Since the first prosecution witness’s examination of both the accused and the complainant (the third prosecution w...