An Accra Circuit Court has discharged John Kupa Azika, 40, a cleaner accused of defiling a 12-year-old girl who is HIV positive at North Legon, for want of prosecution.
When the matter was called, it came to the court’s attention that the complainant and victim have both not signed their witness statements after several efforts to reach them and they have failed to turn-up in court.
The court, therefore, struck the matter out for want of prosecution and discharged Azika. He has, however, tested negative to HIV.
Charged with defilement, Azika pleaded not guilty when he appeared before an Accra Circuit Court on February 10, this year.
He was granted bail in the sum of GH¢5,000.00 with two sureties. The court, however, had to unravel the mystery as to how the 12-year-old victim tested positive for HIV but the accused was negative.
According to the prosecution, the complainant is the father of the victim and resides at North Legon together with the accused.
Chief Inspector Judith B. Asante, leading the prosecution, had earlier narrated that on March 4, 2018, the victim went to sell ice cream at an Islamic wedding ceremony within the community.
She said whiles there, she and two other girls run into the accused, who bought some of the ice cream on credit and asked them to go for the money at his house later.
Prosecution said the victim later went to Azika’s house for the money and as soon as she entered his room, he undressed himself and proposed to her but she declined.
Chief Inspector Asante said victim narrated that Azika pushed her onto his bed, held her mouth and had sexual intercourse with her and warned her not tell anyone else he would kill her.
Azika on the other hand admitted attempting to have sexual intercourse with the victim but could not penetrate her because her vagina was small, so he got up and paid the girl for the ice cream and he asked her to go.
Prosecution said later the victim occasionally fell sick and was taken to the hospital where series of tests were conducted and later an HIV test was done, which came out positive.
She said the victim’s father quizzed her and she narrated her ordeal to him.
He made a report to the Adentan Office of the Domestic Violence and Victim Support Unit and on February 2, this year, a Police medical form was issued to the complainant to send the victim to a government hospital for further medical attention.
Prosecution said the endorsed medical report form recommended that the accused and the parents of the victim should be screened.
She said on February 5, this year, Azika was arrested and he consented to be screened for HIV and was taken to the Adentan Trust Hospital, where the results proved negative.