Takoradi fake kidnapping, pregnancy case: Court fines woman GH¢7,200

Josephine Panyin Mensah was charged with two counts of deceiving a public officer and publication of false news with intent to cause fear and panic.

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The Takoradi Habour Circuit Court has fined the accused at the heart of the Takoradi fake kidnapping and pregnancy case an amount of GH¢7,200, after finding her guilty of a charge of publication of false news. 

Josephine Panyin Mensah was charged with two counts of deceiving a public officer contrary to section 251 (B) of the Criminal Offences Act as amended by Act 1035, 2020, and publication of false news with intent to cause fear and panic contrary to section 208 sub-section 1 of the Criminal Offences Act.

In its judgment, the court presided over by His Honour Michael Kwodjoe Ampadu noted that while the accused could have been handed the maximum term of 3 years for the offence, it was later realised that she is currently pregnant.

“The court convicts you on the second count, which is publication of false news, a demeanor which makes one liable to a sentence of not less than 3 years. However, the pregnancy test which was done on 15th November 2022 at Takoradi Hospital proved positive. The law says you can’t sentence a pregnant person to prison hence I cannot sentence you to 3 years but to fine you 600 penalty units which is GH¢7,200,“

The court however acquitted her of the first charge of deceiving a public officer, noting that the prosecution could not prove that the accused lied about her pregnancy and also that the deceit was equally directed at her husband who is not a public officer. 

“The grounds for the first count of deceiving a public officer cannot be supported by the law. The accused didn’t tell the truth that she was pregnant, but the prosecution didn’t prove that this untruth was told by the accused. The deceit was also directed at the husband and not the police. The husband is not a public official, therefore nobody can tell me that she is guilty on this count.”

In September 2021, Josephine Panyin Mensah, alleged to have been nine months pregnant, was reported to have been kidnapped while on a dawn walk. She was found a week later at Axim in the Western Region without her alleged pregnancy or baby.

Police in their statements during the time, mentioned that two separate medical tests conducted on Josephine at different hospitals proved that she was never pregnant. The police also had also said Josephine had confessed to neither being pregnant nor ever being kidnapped during interrogations. 

But this was contested by Josephine and her relatives.