REPUBLIC VRS ALI (B6/17/2023) [2024] GHACC 81 (21 March 2024)

REPUBLIC VRS ALI (B6/17/2023) [2024] GHACC 81 (21 March 2024)

The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim on the date alleged, as the evidence was inconclusive and the victim's statements conflicted regarding the timing of the incident. Doubt in the prosecution's case inured to the benefit of the accused.

Citation
REPUBLIC VRS ALI (B6/17/2023) [2024] GHACC 81 (21 March 2024)
Parties
Prosecution: The Republic; Accused: Mohammed Ali
Court
ghacc
Jurisdiction
Ghana
Judgment Date
21 March 2024
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal and discharge
Legal Topics
Defilement, Burden of Proof, Reasonable Doubt, Sexual Offences, Capacity to Consent
Source Language
eng

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Parties

The Republic

Prosecution

Mohammed Ali

Accused

Procedural Posture

Criminal / Final Judgment

  1. 1 Whether the accused carnally knew a child under sixteen years of age
  2. 2 Whether the prosecution proved the guilt of the accused beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had sexual intercourse with the victim on the date alleged, as the evidence was inconclusive and the victim's statements conflicted regarding the timing of the incident. Doubt in the prosecution's case inured to the benefit of the accused.

Court Disposition

acquittal and discharge

Orders

  • The accused Mohammed Ali is acquitted and discharged.