KWAKU ATIA vs. THE REPUBLIC

This is an appeal from the judgment of His Honour Judge E. Amo Yartey, sitting at a Kumasi Circuit Court where he convicted the appellant who was charged with two counts of robbery contrary to section 149 of the Criminal and other Offences Act of Ghana 1960, (Act 29) as amended by the Criminal Code (Amendment) Act, 2003 (Act 646) and, rape which contravenes section 97 of the same Act 29, amended by section 11 of Act 554 of 1998. The appellant was found guilty on both counts and sentenced to six hundred months on the first count of robbery, and two hundred and forty months on that of rape. The sentences were ordered to run consecutively. The appellant is aggrieved by both conviction and sentence, and has filed the instant appeal on the grounds that: “(a) the conviction was against the weight of evidence (b) the learned Circuit Court Judge erred in holding it was the duty of the accused to call material witnesses to testify on his behalf failing which was fatal to accused’s case....