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- Criminal law
- Case summary
- Court held that a prima facie case was not made out to require the accused to raise a defence and acquitted accordingly.
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MBALE
HCT-04-CR-SC-0026/2000
UGANDA………………………………………………………..PROSECUTOR
VERSUS
ZUNGU ISMAIL…………………………………………………ACCUSED
BEFORE HIS LORDSHIP JUSTICE RUGADYA-ATWOKI
RULING
I have listened carefully to the evidence and also submissions no case to answer. I am satisfied that a prima facie case was not made out to require the accused to make his defence. I therefore make a finding of not guilty under S.71(1) T.I.D. I therefore acquit the accused of the offence of defilement C/S 123(1) PCA. He is hereby discharged and set free and at liberty unless held on other lawful charges. I will give the reasons in a detailed ruling which I will deliver in notice.
Rugadya-Atwoki
Judge
1.7.02