REPUBLIC VRS BOATENG (B6/11/2024) [2023] GHACC 1154 (29 November 2023)

REPUBLIC VRS BOATENG (B6/11/2024) [2023] GHACC 1154 (29 November 2023)

The prosecution failed to provide corroborative evidence to support the charge of attempted defilement, particularly regarding the alleged use of lubricant and the circumstances of the attempt. The defense raised reasonable doubt, and the evidential gaps left by the prosecution required acquittal of the accused.

Citation
[2023] GHACC 1154
Parties
Prosecution: The Republic; Accused: Baafi Boateng
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 November 2023
Case Number
B6/11/2024
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Attempted Defilement, Burden of Proof, Corroboration of Evidence, Mens Rea
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Baafi Boateng

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused attempted to defile the victim
  2. 2 Whether the evidence of the complainant and other witnesses was sufficiently corroborated
  3. 3 Whether the accused's defense raised reasonable doubt

Ratio Decidendi

The prosecution failed to provide corroborative evidence to support the charge of attempted defilement, particularly regarding the alleged use of lubricant and the circumstances of the attempt. The defense raised reasonable doubt, and the evidential gaps left by the prosecution required acquittal of the accused.

Court Disposition

Acquittal

Orders

  • The accused is acquitted and discharged of the charge of attempted defilement.