REPUBLIC VRS OFORI & 2 OTHERS (226/2022) [2024] GHACC 199 (11 March 2024)

REPUBLIC VRS OFORI & 2 OTHERS (226/2022) [2024] GHACC 199 (11 March 2024)

The prosecution failed to prove beyond reasonable doubt that the accused persons had carnal knowledge of the survivor. There were material inconsistencies between the survivor's testimony, her statements, and the medical report. No extraneous or corroborative evidence linked the accused to the offence. Doubts in the prosecution's case must be resolved in favour of the accused.

Citation
REPUBLIC VRS OFORI & 2 OTHERS (226/2022) [2024] GHACC 199 (11 March 2024)
Parties
Prosecution: The Republic; Accused: John Ofori; Accused: John Amoah; Accused: Frederick Nyarko
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 March 2024
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal and discharge
Legal Topics
Defilement, Burden of Proof, Corroboration, Credibility of Witnesses
Source Language
eng
Criminal Law Defilement Burden of Proof Corroboration Credibility of Witnesses

Case Brief

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Parties

The Republic

Prosecution

John Ofori

Accused

John Amoah

Accused

Frederick Nyarko

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused persons had carnal knowledge of the survivor under sixteen years of age, amounting to defilement under Section 101(2) of the Criminal and Other Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons had carnal knowledge of the survivor. There were material inconsistencies between the survivor's testimony, her statements, and the medical report. No extraneous or corroborative evidence linked the accused to the offence. Doubts in the prosecution's case must be resolved in favour of the accused.

Court Disposition

acquittal and discharge

Orders

  • Accused persons acquitted and discharged.
  • Case struck out as ended.