Witness Testimony

Uganda v Maku (HCT-04-CR-SC-0124-2012) [2014] UGHCCRD 16 (22 January 2014);


Search Summary: 

In this case prosecution sought a conviction from court of the accused on indictment of one count of aggravated defilement contrary to section129 (3)(4)(a)  of the penal code act. The accused denied the charge hence putting the burden of proof onto the prosecution to prove that it is him that had committed the offence. This case was important to decide whether the accused had committed the offence or not.

Headnote and Holding: 

The court considered whether the accused had committed aggravated defilement contrary to the provisions of the penal code. The court held that there had been sufficient evidence adduced at trial by testimonies of witnesses that the accused had committed the offence. All the ingredients of the girl being below 14 years, sexual act having been committed and the accused being the one responsible were available and well proved by prosecution. The court was not satisfied with the accused’s defense of alibi that on the fateful day he left early morning to carry sugar cane as it was found in the testimonies of the victim and the father that the accused was well known to them as a village mate and had been able to identify him with torch light moreover it was coming to morning.

Accordingly court held that the evidence on record was sufficient to sustain the indictment of aggravated defilement against the accused hence he was guilty and accordingly convicted.



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