ERNEST YANFUL ACQUAH (APPELLANT) vs. THE REPUBLIC (RESPONDENT)

APALOO JA: This is an appeal from the High Court Sekondi dated 11th July 2008. The High Court overturned the decision of the Circuit Court which had previously acquitted and discharged the appellant on one count of defilement contrary to section 101(1) and (2) of Act 29 as amended by Act 554. By his notice of appeal pursuant to leave of this court the appellant filed (4) four grounds of appeal. The grounds were; “1. The medical report based on which the charge of defilement was prosecuted against the appellant …… was not conclusive that the victim had been defiled. 2. The High Court Judge failed to consider the apparent inconsistencies in the evidence of PW1, the victim. 3. The defence was not adequately considered by the High Court sitting as an appellant Court. 4. The sentence is ha...