[2024]DLHC18114 • March 26, 2024 • High Court
KWESI EDUAM vs. THE REPUBLIC
On 27th December 2020, the appellant allegedly lured the survivor, a 14-year-old girl, to his house under the pretense of buying her a soft drink as a Christmas gift. At his house, he forcibly had sexual intercourse with her, giving her GH₵100 afterward. The survivor's mother discovered them in the appellant's locked room and reported the matter to the police. The appellant denied the sexual intercourse but admitted giving the survivor money. The Circuit Court convicted and sentenced the appellant to 10 years imprisonment with hard labour for defilement under section 1012 of the Criminal Offences Act, 1960 (Act 29).
read moreJUDGMENT On 19th April, 2021, the Circuit Court, Mankessim, convicted and sentence the Appellant to Ten (10) years imprisonment with hard labour for the offence of defilement contrary to section 101(2) of the Criminal Offences Act, 1960 (Act 29). Being aggrieved and dissatisfied with the conclusion of the learned trial Judge, the Appellant has appealed to this Court on the grounds contained in the Petition of Appeal filed on 5th July, 2023. The said grounds are reproduced below: 1. That the judgment is not supported having regard to the evidence on record. 2. That the sentence is harsh and excessive. The facts of the case as presented by the Prosecution are that, on 27th December, 2020 at about 9:30am, the Appellant met the survivor around the Complainant’s provision store. He asked the survivor to accompany him to a drinking spot for a bottle of soft drink as her Christmas gift. The survivor innocently followed the Appellant to a nearby drinking spot but on reaching there,.....