[1985]DLCA930 • May 28, 1985 • Court of Appeal
KOBINA vs. THE REPUBLIC
The appellant, a blacksmith from Limpusi near Yendi, was convicted of raping a ten-year-old girl, Cecilia Akude. The victim testified that the appellant lured her into his room under false pretenses, forcibly had sexual intercourse with her, and threatened her to keep silent. The victim's mother discovered the assault after noticing physical signs, and medical examination confirmed injury consistent with rape. The appellant denied the allegations, claiming he was absent from the village at the time.
read moreJUDGMENT OF APALOO C.J. Apaloo C.J. delivered the judgment of the court. On 12 March 1985 the appellant was convicted by the High Court, Tamale of the offence of rape and was sentenced to eighteen months’ imprisonment with hard labour. The main facts of the case were narrated by the victim, a ten-year old girl called Cecilia Akude. This little school girl lived with her mother in a village called Limpusi near Yendi. The appellant who is a blacksmith, also lives there and the evidence shows that he was well known to the complainant and her mother. Sometime in July 1982, when the complainant was returning home after attending nature’s call, the appellant called her. He said he was going to send her to buy him drink from her mother. The latter sells a potent local gin called “akpeteshie.” According to the complainant, when she went to the appellant, he asked her to enter his room and fetch a bottle. The unsuspecting girl went there. The appellant followed, put h...