- Flynote
- Criminal law
- Case summary
- Court considered whether the prosecution had been able to make a prima facie case against the accused for him to be called upon to give his defense. Court held that the prosecution had not been able to prove a prima facie case against the accused. Court was satisfied that no evidence at all had been offered by the prosecution to prove beyond reasonable doubt that he had committed the offence. Accordingly court acquitted the accused for no case to answer.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBALE
HCT-04-CR-0057/2000
UGANDA…………………………………….…………………………………PROSECUTION
VERSUS
OMODING MOSES………………………………………………………………….ACCUSED
BEFORE HIS LORDSHIP JUSTICE RUGADYA-ATWOKI
RULING
The state offered no evidence upon realization that the complainant appeared to have lost interest in the case. State closed its case without calling any witness. What court has is the indictment, which accused denied. The prosecution has not therefore produced any evidence to show prima facie case against the accused to require him to make his defence. Under S.71 (l) T.I.D. I find the accused not guilty and I acquit him of the charge of defilement c/s 123(1) PCA. He is accordingly discharged. He is to be set free and at liberty unless he is held on other lawful charges.
Rugadya-Atwoki
Judge
20/6/02