REPUBLIC VRS. COBBINAH (CC/71/24) [2025] GHACC 21 (11 February 2025)

REPUBLIC VRS. COBBINAH (CC/71/24) [2025] GHACC 21 (11 February 2025)

The prosecution failed to prove beyond reasonable doubt that the accused had carnal knowledge of the victim. The DNA evidence excluded the accused as the father of the child, undermining the prosecution's reliance on pregnancy as proof. The victim's testimony was inconclusive, and there was no direct or forensic evidence linking the accused to the crime. The accused's confession was not corroborated by independent evidence and was rendered doubtful by the DNA results. In the absence of proof, the accused must be acquitted.

Citation
[2025] GHACC 21
Parties
Prosecution: The Republic; Accused: Emmanuel Annan Cobbinah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
11 February 2025
Case Number
CC/71/24
Procedural Posture
Criminal / Judgment
Outcome
Acquittal
Legal Topics
Incest, Burden of Proof, Confession, DNA Evidence, Standard of Proof
Source Language
English
Criminal Law Incest Burden of Proof Confession DNA Evidence Standard of Proof

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Annan Cobbinah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused had carnal knowledge of his biological daughter contrary to Section 105(2) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt given the DNA evidence and the accused's confession

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had carnal knowledge of the victim. The DNA evidence excluded the accused as the father of the child, undermining the prosecution's reliance on pregnancy as proof. The victim's testimony was inconclusive, and there was no direct or forensic evidence linking the accused to the crime. The accused's confession was not corroborated by independent evidence and was rendered doubtful by the DNA results. In the absence of proof, the accused must be acquitted.

Court Disposition

Acquittal

Orders

  • The accused person is found not guilty and is acquitted and discharged.