ALEXANDER APISUAH AKWOWUGYE AND OTHER vs. THE REPUBLIC [2011]DLSC3056

Date	2011-12-22
Suit No.	CRIMINAL APPEAL NO:H2/7/2010
Citation No.	[2011]DLSC3056

JUSTICE MARIAMA OWUSU JA [PRESIDING]

JUSTICE FRANCIS G KORBIEH JA

JUSTICE IRENE C DANQUAH JA

[2011]DLSC3056
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													<main id="main" class="content" style="min-height: 60rem" >ALEXANDER APISUAH AKWOWUGYE AND OTHER<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>[COURT
OF APPEAL, KUMASI]<o:p></o:p>CRIMINAL APPEAL
NO:H2/7/2010&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:22ND
DECEMBER, 2011<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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COUNSEL:<o:p></o:p>

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>JUSTICE MARIAMA OWUSU JA&nbsp; [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE
IRENE C DANQUAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;border:none;
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</div>IRENE C DANQUAH JA&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>The brief summary of the
facts of this case as testified by the prosecution and the defence witnesses
are that; on 22nd July 2005 which was a day after the vacation, Akan-uwe
Linda (PW1) and Adeana Judith Anabama (PW2), then pupils of KANDIGA PRIMARY
SCHOOL were invited by the Head teacher of the school to assist in the
preparation of food for a get-together of the teachers of the school.&nbsp; The accused persons who were teachers of the
school were present at the get-together.&nbsp;
<o:p></o:p>After the party the 2nd
accused asked the girls (PW1 and PW2) to send food to his residence at the
Teachers Quarters at Mirigu.&nbsp; The girls
complied and the accused persons followed up.&nbsp;
The girls said after they had delivered the food, the 2nd
accused in the presence of the 1st accused, offered to serve the
girls with food beverage which both the girls and the accused persons described
variously as “tea” or “Milo tea”.&nbsp;&nbsp; The
girls reluctantly accepted the offer and the 2nd accused prepared
the beverage and served the girls during which the 2nd accused is
said to have tasted the beverage.&nbsp; After
the girls had taken the beverage they became dizzy and virtually helpless.&nbsp; This occurred on the verandah to A2’s
residence. PW1 alleged that Alexander (A1) tapped her and said she should get
up and go to the room and when she showed signs of resistance he hit her down
pushed her and forced her into the room.&nbsp;
When she got up, her skirt was not on, she was undressed.&nbsp; She did not see A1 and PW2.&nbsp; A2 sent her to Kandiga Catholic Church where
she saw PW2 squatting there.&nbsp; Both girls
had difficulty in walking and had to hold on to each other.&nbsp; When they got to PW1’s house and since it was
late, PW2 had to sleep in their house.&nbsp;
On the part of PW2, she narrated that after taking the tea she became
dizzy and fell.&nbsp; At midnight Alexander
(A2) woke her up and said he would send her home.&nbsp; She did not see PW1.&nbsp; A2 put her on a bicycle and pulled her up to
Kandiga Catholic Church where he asked her to get down.&nbsp; When she got down she could not walk.&nbsp; She felt sleepy there.&nbsp; Then PW1 came and said they should go
home.&nbsp; A2 was then around and led them to
the Chiefs Palace area.&nbsp; They could not walk;
they kept falling and getting up.&nbsp; When
they got to PW1’s house her mother wanted to know why they delayed but they
could not talk.&nbsp; After PW1 mother had
given them food which they ate, they slept through out the night.&nbsp; PW1 escorted PW2 to her house.&nbsp; Both parents of the girls were naturally
worried when their daughters delayed in coming home.&nbsp; Separately in their homes, the girls
displayed symptoms of illness not only had they become weak and helpless, but
they also vomited and complained of headaches etc.&nbsp; PW2’s mother went to find out from PW1 what
the matter could be.&nbsp; She was let into
the experience of the girls whereupon she told PW1’s father.&nbsp; In PW1’s home when she was asked to take her
bath, her younger sister noticed that her sister was wearing her underwear
inside out and her effusion about it made PW1’s mother to go and verify.&nbsp; When PW1’s mother asked her to squat and when
PW1 did, her mother saw there was blood stain and cuts in her vagina so she
asked her junior sister to boil water which she used to massage her vagina. &nbsp;Eventually both PW1 and PW2 were taken to
hospital where the medical doctor (PW7) examined them and issued her reports
which were tendered in evidence as Exh ‘A’ and ‘B’.<o:p></o:p>In the meantime PW5 the
Uncle of PW1 told PW4 about his senior brother’s daughter’s predicament and
then PW5 caused PW4 to write a letter to the District Director of Education PW8
at Navrongo.&nbsp; PW8 took the matter up,
accompanied the girls to the hospital and to the police station after which the
police took over the case and got the accused arrested.&nbsp; After investigations, the accused were
charged with three counts on the bill of indictment.<o:p></o:p>In the first count both
accused persons were jointly charged with conspiracy contrary to section 23 (1)
and 97 of the Criminal Offence Act 1960 Act 29.&nbsp;&nbsp; In the second count, the 1st
accused, Alexander Apisuah Akwowugye was charged with rape contrary to Section
97 of Act 29 and the particulars of offence were that on or about 22nd
July 2005 at Mirigu he had carnal knowledge of Linda Akanuwe (PW1) without her
consent.&nbsp; In the third count the 2nd
accused, Christopher Ayuure was also charged with rape contrary to Section 97
of Act 29 with the particulars of office being that on the same date of 22nd
July 2005 at the same venue (Mirigu), he had carnal knowledge of Judith Ade-Ena
(PW2) without her consent.&nbsp; <o:p></o:p>At the preliminary hearing
both A1 and A2 denied the offices by pleading not guilty to all counts for
which they were charged.&nbsp; <o:p></o:p>They stated further that
they were not at the scene of the crime and would call a witness at the
appropriate time.&nbsp; In effect they pleaded
alibi.&nbsp; At the time of the trial, A1 was
a student at the Community Health Training College at Navrongo and A2 was a
student at the University of Ghana, Legon.<o:p></o:p>In the course of the
trial, Counsel for the accused persons objected to the admission statements
made by the accused persons at the police station during the investigation and
preparation for prosecution in court.&nbsp;
The objection were raised because Counsel for the accused persons
questioned the voluntariness of virtually all eight statements (four each by
each accused person) on the ground that the accused persons were assaulted and
molested at the time of their arrest and that prior to and during the making of
the first of each accused persons statements dated 1st August 2005
and 31st July 2005, the accused persons were through trickery and
promise held out to them by the police made to incriminate one another falsely.<o:p></o:p>At the end of a mini trial
held to determine that issue</main>