The Supreme Court on Thursday acquitted and discharged a Teacher, Eric Asante after serving A 15 year jail term on the charge of defilement.
The five member panel in a unanimous decision ruled that his conviction could not be supported by evidence noting that there were doubts created in the evidence of the victim.
According to the court a DNA test conducted showed that Mr. Asante was also not the biological father of the victim’s son.
The court noted that the victim was not truthful when she testified before the lower court, although a medical report on her 23 weeks pregnancy was not in doubt.
On an order of compensation, the court urged Mr. Asante to apply formally.
Mr. Asante was on September 5, 2005 sentenced to 15 years imprisonment with hard labour by the Tamale High Court, after being found guilty of defiling one Rubamatu Mohammed a student of Nyorhini Presby Junior High School, which led to the birth of a child.
He however appealed against his conviction and sentence at the Court of Appeal in October 6, 2006 but his appeal was dismissed.
The Teacher proceeded to the Supreme Court in 2012 and the court granted him leave to file a notice of appeal against his conviction.
The notice of appeal was followed by an application for an order for the conduct of a DNA test on the child of Rubamatu.
The Supreme Court upheld the application and accordingly ordered Rubamatu to make her child available for the DNA
The report from the Forensic Laboratory of the Police Hospital indicated that the result of the test excluded Mr. Asante of having any biological relations with the 10-year-old boy who was alleged to be the outcome of the defilement.
It would be recalled that On September 5, 2005, a Tamale High Court convicted the accused for defiling a 14 year old girl, Rubamatu Mohammed of Nyorhini Presby Junior High School.
Rubamatu who was said to be 23 weeks pregnant, mentioned Mr. Asante as the one who had had sex with her on several occasions.
This assertion was however denied by Asante who said he had nothing to do with the victim.
The Supreme Court judges who sat on the matter were Mr Justice Anin Yeboah, presiding, Justice Sule Gbadegbe, Justice Paul Baffoe Bonnie, Justice Yaw Appau and Gabriel Pwamang.