Witness Testimony

Uganda v Katerega.C. (Criminal Session Case No. 51 of 2000) ((Criminal Session Case No. 51 of 2000)) [2000] UGHC 11 (4 April 2000);

Flynote: 

Search Summary: 

The accused was indicted for the offense of defilement. The prosecution called five witnesses and the accused called no witness and gave unsworn statement.

The prosecution needed to prove that the victim was below 18 years, that there was a sexual act and that the accused was the offender.

Headnote and Holding: 

The court held that regarding the age, she had testified when she was 12 years and she had looked young, as regards the sexual act, the medical evidence and proof of the raptured hymen and the sperm in her private parts, the testimony of the victim proved the performance of a sexual act.

As to the placing of the accused to the scene of the crime, the court held that the accused had put up an alibi that was not shaken but was cemented by the victim. Given that it was only the victim that was contending to have been defiled, it was dangerous in the circumstances to convict on the evidence of the victim without the corroboration.

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