[2013]DLCA3501 • February 28, 2013 • Court of Appeal
RICHARD BANOUSIN vs. THE REPUBLIC
The appellant, a teacher at Kanton Senior High School, Tumu, was charged with rape of Rashida Kanton Ibrahim, a student in the same school. On 28 July 2009, the appellant invited the complainant to his bungalow under the pretext of returning seized items. There, he made sexual advances, locked the door when she tried to leave, forcibly undressed her, and had carnal knowledge without her consent. The complainant reported the incident the same day, leading to the appellant's arrest and charge for rape.
read moreAYEBI J.A. This is an appeal from the judgment of the Wa High Court filed on 27th August 2010. The records show that on 17th February 2010, the appellant was arraigned before the said court on the charge of rape contrary to section 97 of the Criminal Offences Act, 1960 (Act 29). The particulars state that on 28th day of July 2009 at Tumu in the Upper West Region, appellant had carnal knowledge of Rashida Kanton Ibrahim, without her consent. On 29th July 2010, the trial High Court found the appellant guilty of the charge, convicted him and then sentenced him to a term of seven (7) years imprisonment with hard labour. In his petition, appellant prayed this court to quash his conviction and sentence and then acquit and discharge him. It would appear the appellant filed the petition of appeal himself and the grounds alleged are: 1. The learned trial judged erred in law and on the facts/evidence by his failure to hold that the prosecution has failed to prove the basic ingredient(...