Uganda v Eechu (Criminal Session Case No. 9 of 1993) [1994] UGHCCRD 32 (28 April 1994)

Flynote

Criminal law|Evidence Law

Case summary

Court considered the ingredients of kidnapping as: That a person was taken against her will by force or fraud; Court held that kidnapping is the forceful seizure and taking away of a person against his or her will. That force was used by taking the victim to the rebels who were at the time enemies with the NRA. That a person has not been seen or heard of since; Court was of the view that at the time of kidnapping, there must have been a contemptuous intent that the victim be murdered or be exposed to the danger of being murdered. It was stated that it was common knowledge that the rebels were killing people at the time and by the time of trial; the victim had not been seen or heard of by her relatives who testified for prosecution at the trial. She was presumed dead. That it was the accused who took that person. The accused had raised an alibi in his defence. Court examined the evidence and relying on the PW who knew the accused well held that the alibi was false and was successfully rebutted by the prosecution. The onus to disapprove the alibi was placed on the prosecution.

---