Court name
Court of Appeal of Uganda
Judgment date
28 January 2007

Mushabe Abdul v Uganda (Criminal Appeal-2003/237) [2007] UGCA 60 (28 January 2007);

Cite this case
[2007] UGCA 60

THE REPUBLIC OF UGANDA


IN THE COURT OF APPEAL OF UGANDA AT KAMPALA




CORAM:  
HON. JUSTICE L.E.M. MUKASA-KIKONYOGO, DCJ

        
        
HON. JUSTICE S.G. ENGWAU, JA.

        
        
HON. JUSTICE C.N.B. KITUMBA, JA.



CRIMINAL APPEAL NO. 237 OF 2003




MUSHABE ABDUL :::::::::::::::::::::::::::::::::::::::::: APPELLANT

VERSUS


UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

[Appeal from the judgement of the High Court of Uganda

at Mbarara (P.K. Mugamba, J.) dated 23/1/2003 in

Criminal Session Case No. 102 of 2001]





JUDGEMENT OF THE COURT


The appellant Mushabe Abdul was convicted of defilement contrary to section 123((1) and 129(1) (new) of the Penal Code Act.




The facts leading to this appeal are briefly as follows. The victim, who testified as PW1 at the trial and was then aged 4 years,
was sent by her parents to fetch water from the well. The appellant met the victim on the way after she had collected water and requested
her to give him water to drink. The victim obliged. She returned to the well to fill her container. The appellant offered her to
improvise a cover for her container but she refused. The appellant then grabbed her, threw her on the ground and forcibly had sexual
intercourse with her. He ran away. The victim proceeded home while crying.




The appellant was chased and arrested nearby and taken to the authorities



and later to the police.




During the trial the appellant denied the offence and stated that he was framed up by the victim’s father who had a grudge
against him. The learned trial judge rejected the appellant’s defence, believed the prosecution case and convicted him. He
sentenced him to 14 years imprisonment. Dissatisfied with the sentence he has appealed to this court.



Ms Matovu, learned counsel for the appellant, has prayed court to reduce the sentence from 14 years imprisonment to 8 years. Mr. Kamuli, learned Senior State Attorney, supported the sentence as being appropriate.



We have considered the submissions by both counsel and read the record. We are of the considered view that the sentence passed by
the learned trial judge was ne
ither illegal nor excessive. We see no reason for reducing the same. The learned trial judge considered all what was said in mitigation
for the appellant and passed the sentence, which was appropriate in the circumstances.



The appeal is devoid of merit. It is accordingly dismissed.



Dated at Kampala this 29th day of January 2007.



L.E.M. Mukasa-Kikonyogo


DEPUTY CHIEF JUSTICE




S.G. Engwau


JUSTICE OF APPEAL




C.N.B. Kitumba


JUSTICE OF APPEAL