Republic Vrs Agyapong [2022] GHACC 115 (21 December 2022)
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim, as the only direct evidence was the victim's testimony, which lacked corroboration, and the medical report was conducted too late to have probative value. The accused's denial and the absence of material witnesses and timely medical evidence created reasonable doubt as to his guilt.
- Citation
- [2022] GHACC 115
- Parties
- Prosecution: The Republic; Accused: Akwasi Agyapong
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 21 December 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Defilement, Burden of Proof, Evidence, Sexual Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Akwasi Agyapong
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether there was sexual intercourse between the accused and the alleged victim
- 2 Whether the alleged victim was under sixteen years of age at the time of the alleged offence
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim, as the only direct evidence was the victim's testimony, which lacked corroboration, and the medical report was conducted too late to have probative value. The accused's denial and the absence of material witnesses and timely medical evidence created reasonable doubt as to his guilt.
Court Disposition
acquittal
Orders
- Accused is acquitted and discharged.
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