Uganda v Musere (Criminal Session Case No. 70/94) [1994] UGHCCRD 13 (17 November 1994)

Flynote

Criminal law|Evidence Law

Case summary

Court put the burden of proof on prosecution and stated that it is trite law that the accused person should be convicted on the weakness of his defence but on the strength of the prosecution On the issue of contradicting evidence, court held that contradictions go to the root of the case. The dates given by the complainant and her family members do not match, the indictment had two different months as to when the offence occurred and the doctors report was of no help. Her being pregnant did not rule out the said defilment but it is odd that she was defiled at the time the brothers were sleeping in the same room and she failed to report the matter to them.

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