Court name
High Court of Uganda
Judgment date
6 November 1998

Uganda v Kalawudio Wamala - Criminal Session Case No 442 of 1996 (Criminal Session Case-1996/442) [1998] UGHC 5 (06 November 1998);

Cite this case
[1998] UGHC 5
Short summary:

Criminal law, Evidence Law, Burden of Proof, Witness Testimony

THE RE PUBLIC OF UGANDA

 

 

IN THE HIGH COURT OF UGANDA AT MASAKA

 

CRIMINAL SESSION CASE NO. 442 OF 1996

 

 

UGANDA PROSECUTION

 

 

VERSUS

 

 

KALAWUDIO WAMALA ACCUSED

 

 

BEFORE: THE HONOURABLE MR. JUSTICE FMS EGONDA-NTENDE.

 

 

JUDGEMENT

 

  1. The accused, Kalawudio Wamala, is indicted of the offence of rape contrary to sections 117 and 118 of the Penal Code Act. It is alleged that on the 11th September 1994 at Luyiiyi village in Masaka District the accused had unlawful carnal knowledge of J.A. without her consent. The accused denied the charge.

  2. The case for the prosecution is to the effect that J.A., on the night in question, at about 9.00 p.m. was walking home from Kyamukama. Along the way she met Kalawudio standing near the plantation of Kasumba. Kalawudio asked for sexual intercourse. J. replied that he should not ask for sex when “slim” was so rampant all over the world. Kalawudio swore by his mother’s name that for sure he would have sex with her. J. ran and Kalawudio gave the chase. Just before