REPUBLIC VRS. YEBOAH (D10/8/23) [2025] GHACC 20 (11 February 2025)

REPUBLIC VRS. YEBOAH (D10/8/23) [2025] GHACC 20 (11 February 2025)

The prosecution failed to prove beyond reasonable doubt that the accused, and no other, had sexual intercourse with the victim on the material date, as required for a conviction of defilement. Doubts regarding the identity of the perpetrator, inconsistencies in the victim's evidence, lack of corroboration, and absence of medical evidence of recent sexual activity led to the acquittal.

Citation
[2025] GHACC 20
Parties
Prosecution: The Republic; Accused: Desmond Yeboah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 February 2025
Case Number
D10/8/23
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Defilement, Burden of Proof, Sexual Offences, Evidence, Age Determination
Source Language
English
Criminal Law Defilement Burden of Proof Sexual Offences Evidence Age Determination

Case Brief

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Parties

The Republic

Prosecution

Desmond Yeboah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused had sexual intercourse with the victim under 16 years of age
  2. 2 Whether the identity and age of the victim were sufficiently established
  3. 3 Whether the accused's actions constituted defilement under Section 101 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused, and no other, had sexual intercourse with the victim on the material date, as required for a conviction of defilement. Doubts regarding the identity of the perpetrator, inconsistencies in the victim's evidence, lack of corroboration, and absence of medical evidence of recent sexual activity led to the acquittal.

Court Disposition

acquittal

Orders

  • The accused, Desmond Yeboah, is acquitted and discharged.