[2023]DLHC16888 • July 12, 2023 • High Court
JOHN OTOO vs. THE REPUBLIC
The appellant, John Otoo, was convicted by the Circuit Court, Cape Coast, for defilement of his stepdaughter (the Survivor) who was allegedly under sixteen years old at the time of the offence. The Survivor, a student living with her mother and the appellant, testified that the appellant forcibly had sexual intercourse with her in August 2020, resulting in pregnancy. The appellant denied having sexual intercourse with the Survivor before she turned sixteen. The prosecution relied on evidence including the Survivor's birth date, medical records indicating pregnancy timing, and DNA evidence establishing paternity.
read moreJUDGMENT This is an appeal by the Appellant against the judgment of the Circuit Court, Cape Coast, presided over by Her Honour Dorinda Smith Arthur. The learned trial judge tried and convicted the Appellant on 18th November, 2022 for the offence of defilement contrary to Section 101(2) of the Criminal Offences Act, 1960 (Act 29) and sentenced him to Eight (8) years IHL. Being aggrieved by the said conviction and sentence, the Appellant filed a Petition of Appeal on 15th December, 2022 (See page 83 of the Record of Appeal). This appeal is premised on the following grounds: a. That the conviction cannot be supported having regard to the evidence. b. That the learned trial judge erred when she relied on the online article of one Dr. Charlsie Celestine accessed on 17th November, 2022 to conclude that the Survivor conceived before 22nd August, 2020. c. That further grounds of appeal will be filed upon receipt of the record of proceedings. Counsel for the Appellant has however file...