Uganda v Mukasa & Ors (Criminal Session Case No. 82/94) [1995] UGHCCRD 4 (31 July 1995)

Flynote

Criminal law|Evidence Law

Case summary

Burden for prosecution is to prove: Age of the victim court held that this was in dispute as the victim was 17 years of age. If defilement was ever committed court held that the offence was committed as sexual intercourse was proved and by the time the victim was under the age of 18, the offence was committed. Whether the accused took part in defilement or aided one, court considered other factors and held that prosecution has not proved its case to the standard required to secure a satisfactory conviction as there is a doubt as to the guilt of the accused.   On the identification court held that the identity of the accused came to the mind of the victim after her brother’s suspicion. That however strong, it cannot be a ground for a conviction. Accordingly, an identification parade should have been conducted to prove certainty of the attacker.   On the defence of alibi court held that the prosecution has not satisfactorily discharged its burden of destroying the defence of alibi and its evidence does not put the accused at the scene of the crime at the time the crime was committed.   On corroboration court held that there has been no sufficient corroboration in support of the complainant’s story as to what happened on that night.

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