Abale Muzamil Vs Uganda (Criminal Appeal No. 0039 of 2014) [2019] UGCA 6 (24 January 2019)

Flynote

Criminal law

Case summary

The court held that as the first appellate court, it is required to re appraise the evidence on record and reach an independent conclusion. That it is now trite law that sexual offence of defilement can be proved without the victims testimony, that what is required to prove are the ingredients of the offence and not the testimony of the victim. That the ingredients of the offence of rape were not disputed save for the appellant’s participation. That the charge and caution statement made by the appellant though retracted was corroborated by the evidence of the witnesses and since the harshness and legality of the sentence were not challenged, the appeal failed.

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