[2018]DLCA5162 • January 16, 2018 • Court of Appeal
KOBINA TWUM vs. THE REPUBLIC
The appellant, Kobina Twum, was convicted of rape contrary to Section 97 of Act 29/60 as amended by Act 554/98. The victim, Phoebe Nartey, an apprentice seamstress, was offered a lift by the appellant on 23 August 2012. After being dropped off at Mando, the appellant invited her to spend the night at his house, falsely claiming his children were present. He then forcibly had nonconsensual sexual intercourse with her despite her protests and menstrual period. The victim recorded part of the incident on her phone. The appellant was arrested and charged following a police investigation.
read moreA. M. DOMAKYAAREH (MRS), J.A 1. This is an appeal against the judgment of the Cape Coast High Court dated 7th November 2013. In the said judgment, the appellant herein who was charged with the offence of rape contrary to Section 97 of Act 29/60 as amended by Act 554/98 was convicted of same and sentenced to 15 years Imprisonment with Hard Labour. 2. The facts of the case as presented before the trial High Court are that the victim (PW1) is one Phoebe Nartey who is an apprentice seamstress at Breman Asikuma, whilst the accused (appellant herein) is a fridge repairer who lives at Ajumako Onwane. On 23rd August, 2012 at about 9.00 pm, the victim was on her way from Gomoa Maim where she had gone to see her father. She was waiting at Ekumfi Essarkyir for a vehicle to board on her way back when the accused appeared in a Tico Taxi cab and offered her a lift. At Mando the appellant told the victim that he was not proceeding further. The victim had to alight and try catching another vehicl...