[2020]DLCA8568 • February 13, 2020 • Court of Appeal
CHARLES TWUMASI vs. THE REPUBLIC
The appellant, an accounts clerk at Children’s World International School, was charged with defilement of a 12-year-old pupil, Tabitha Aggrey, allegedly committed in September 2012 when she went to pay feeding fees in his office. The prosecution’s broader narrative also involved a teacher, Sir Nash, who was alleged to have had sexual intercourse with the victim in June 2012 and was initially named by the victim as the person responsible for her pregnancy. A pregnancy test conducted in November 2012 showed that the victim was about twenty weeks pregnant. The prosecution called four witnesses: the victim’s mother, the victim, the school headmistress, and the investigator. The appellant denied the offence throughout and gave evidence in his own defence. Portion of judgment: “On one Wednesday in September, 2012 the victim went to the accounts office to pay her feeding fees and met the second accused person; the accounts clerk for the school who placed the victim on his laps and had sex with her… The prosecution called four witnesses…”
read moreADJEI, J.A The appeal before this Court emanated from the judgment on appeal delivered by the High Court Accra against the decision of the Circuit Court, Accra. The charge sheet which initiated the criminal proceedings before the Circuit Court Accra was filed on 8th November, 2013. Two accused persons were charged for having defiled the victim, Tabitha Aggrey, a female who was then twelve years old. The first accused person did not appear in Court to take part of the proceedings. The second accused person, the Appellant in this appeal took part in the proceedings and was subsequently convicted and sentenced to a term of ten years. The facts of the case as presented by the prosecution before the trial Circuit Court Accra were that the victim then aged twelve years was a class six pupil in the Children's World International School at Bubuashie. The first accused person was a teacher in the School while the second accused person was also an accounts clerk in the School. One morning in...