ROBERT GYAMFI (ALIAS APPIAH) vs. THE REPUBLIC [2019]DLCA6331

Date	2019-02-27
Suit No.	CRIMINAL APPEAL SUIT NO: H2/02/19
Citation No.	[2019]DLCA6331

M. OWUSU JA (PRESIDING)

DZAMEFE JA

M. WELBOURNE JA

FREDRICK KANKAM BOADU FOR THE APPELLANT

AKOSUA DANSOAA ASIAMAH CHRISTOPHER (SA)

LED BY CECILIA ANIMA PEPRAH AND AVON

ADJIMA ADJARE FOR THE REPUBLIC/RESPONDENT

[2019]DLCA6331
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													<main id="main" class="content" style="min-height: 60rem" >ROBERT
GYAMFI (ALIAS APPIAH)<o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL
APPEAL SUIT NO: H2/02/19&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: 27TH
FEBRUARY, 2019<o:p></o:p>

</div>COUNSEL: <o:p></o:p>FREDRICK
KANKAM BOADU FOR THE APPELLANT<o:p></o:p>AKOSUA
DANSOAA ASIAMAH CHRISTOPHER (SA)<o:p></o:p>LED
BY CECILIA ANIMA PEPRAH AND AVON<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ADJIMA
ADJARE FOR THE REPUBLIC/RESPONDENT<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

M.
OWUSU, JA (PRESIDING), DZAMEFE, JA AND M. WELBOURNE, JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>DZAMEFE,
JA<o:p></o:p>The appellant was
charged with the offence of defilement contrary to section 101 of the Criminal
Offences Act 29/60.&nbsp; The particulars are
that the appellant, aged 22, a teacher in 2014 at Pakyi No.2 in the Ashanti
Region and within the jurisdiction of the Circuit Court Kumasi did have carnal
knowledge of one Amidia Iddrisu aged 12 years.<o:p></o:p><o:p>&nbsp;</o:p>FACTS<o:p></o:p>Complainant Fati
Iddrisu is a food vendor, she is the grandmother of victim Amidia Iddrisu aged
12 years and a class 6 pupil of Little Flower International School while
accused person Robert Gyamfi aged 22 years is a teacher.&nbsp; Both parties reside at Pakyi No.2 Kumasi.&nbsp; According to the victim, about 5 months ago
after the close of school, the accused person gave his room keys together with
some books for her to take home.&nbsp; On
reaching the accused’s room he came from nowhere and pushed the victim on his bed,
forcibly removed her pant and had sexual intercourse with her.&nbsp; In the process of having sex with her she was
feeling pains and was crying so the accused used a piece of cloth to cover her
mouth preventing her from being heard by neighbours around.&nbsp; After the act, the accused promised to marry
the victim and also warned her not to disclose the ordeal to anyone or else he will
kill her.&nbsp; Since then the accused person have
been having sex with her for five times of which the last one happened about
three weeks ago that was on 16/10/14.&nbsp;
According to the victim, after the last sex, she was frequently falling
sick so she went to the school proprietress and informed her that her class
teacher, the accused, has been having sex with her in his room any time he sent
her. The victim later narrated her ordeal to her grandmother who also reported
the matter to the police and medical form issued to the victim to attend hospital
for medical examination. On receipt of the medical report form duly endorsed by
the medical officer, proved she has been defiled.&nbsp; The victim led police to arrest the
accused.&nbsp; In his Caution Statement he denied
the offence after a thorough investigation into the case accused was charged
with the offence and put before this honourable court.<o:p></o:p><o:p>&nbsp;</o:p>On 7/11/14, the
charge was read and explained to the accused in Twi and he pleaded guilty with
explanation.<o:p></o:p><o:p>&nbsp;</o:p>From the records of
appeal, there is nothing showing what the trial court judge recorded before the
trial commenced.&nbsp; The victim Amidia
Iddrisu told the court she is 12 years old and a class 6 pupil of the Little
Flower International School, Pakyi No.2.&nbsp;
The accused is the class teacher.&nbsp;
She said the appellant used to send her home with his keys and books
then he follows to finger and have sex with her in his room.&nbsp; He did this for about three times before she reported
to the school proprietress.&nbsp; She was bleeding
and sent to the hospital and later the appellant was arrested.&nbsp; She gave statement to the police.&nbsp; Appellant not represented by counsel did his
own cross examination.<o:p></o:p>Q&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; You
said three times but at the police station you <o:p></o:p>