[2010]DLSC4149 • May 6, 2010 • Supreme Court •
G/CPL VALENTINO GLIGAH AND EC/1 ABDULAI AZIZ ATISO vs. THE REPUBLIC
The appellants, both policemen, were charged with rape of Cynthia Nyante on or about June 22, 1998, in Accra. The victim alleged that the accused called her to their office, pushed her into a storeroom, and had sexual intercourse with her without consent. The accused denied the charge, claiming a prior consensual relationship with the victim and that the victim demanded money for an abortion. The accused contended they were at the scene but denied rape. The trial court convicted and sentenced them to 15 years imprisonment with hard labor. The Court of Appeal dismissed their appeal, leading to this Supreme Court appeal.
read moreDOTSE, JSC INTRODUCTION The brief facts of this case are that, the accused/appellants, hereafter referred to as accused had been charged with the offence of Rape, tried and convicted by a Court with jury and sentenced to 15 years imprisonment each, with hard labour on the 18th day of July, 2003 by Avril Anin-Yeboah J (Mrs). On the 13th day of November 2008, an appeal against the conviction and sentence of the accused persons was unanimously dismissed by the Court of Appeal. It is against this Court of Appeal decision that the accused persons have appealed to this Court on the 11th day of December 2008. GROUNDS OF APPEAL 1. The Court failed to consider and analyse the defence of the appellant which shows the improbability of the alleged act of rape, given the circumstances of the deed. 2. The Court failed to appreciate the absence of a material witness of the prosecuton as being fatal to the proof of the alleged rape beyond reasonable doubts. FACTS: As stated supra, the accu...