[2017]DLSC2511 • January 26, 2017 • Supreme Court •
ERIC ASANTE vs. THE REPUBLIC
The appellant, a teacher at Nyohini Presbyterian JSS in Tamale, was convicted of defilement for allegedly having sexual intercourse with a 14-year-old pupil on or about 12 November 2003. The victim was living with her aunt and uncle, both teachers but not at the same school. The victim wrote a love letter to 'Mr. Eric' confessing to sexual relations and pregnancy. The complainant reported the matter to the police, and medical examination revealed the victim was 23 weeks pregnant. The appellant denied the allegations throughout trial but was convicted and sentenced to 15 years imprisonment with hard labour.
read morePWAMANG, JSC. On 5th September, 2005 the Appellant was convicted by the High Court, Tamale of Defilement contrary to Section 101 (2) of the Criminal Offences Act, 1960 (Act 29) as Amended by the Criminal Offences (Amendment) Act, 1998, Act 554 and sentenced to 15 years with Hard Labour. He was aggrieved by the judgment so he appealed against his conviction and sentence but the Court of Appeal by a unanimous decision dated 6th April, 2006 dismissed the appeal. On 17th July, 2012 this court granted leave to appellant to appeal against the judgment of the Court of Appeal and he filed the pursuant Notice of Appeal on 25th July, 2012. The case against appellant was that on or about 12th November, 2003, while teaching Agricultural Science at Nyohini Presbyterian Junior Secondary School (JSS) at Tamale, he carnally knew a pupil of the school aged 14 years. At that time the victim was living with her auntie and her auntie’s husband at Nyohini, a suburb of Tamale. The victim’s biologica...