Republic Vrs Paa Kobina Tanoh [2023] GHACC 174 (27 June 2023)
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim resulting in pregnancy, as there was insufficient corroborative and scientific evidence linking the accused to the alleged offence.
- Citation
- [2023] GHACC 174
- Parties
- Prosecution: The Republic; Accused: Paa Kobina Tanoh
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 27 June 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal
- Legal Topics
- Defilement, Burden of Proof, Sexual Offences, Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Paa Kobina Tanoh
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused had carnal knowledge of a child under sixteen years of age
- 2 Whether the prosecution proved the essential ingredients of defilement beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim resulting in pregnancy, as there was insufficient corroborative and scientific evidence linking the accused to the alleged offence.
Court Disposition
Acquittal
Orders
- The accused is found not guilty and is acquitted and discharged on the charge of defilement.
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