Court name
High Court of Uganda
Judgment date
31 March 2000

Uganda v Kasigazi John (Criminal Session Case-2000/54) [2000] UGHC 10 (31 March 2000);

Cite this case
[2000] UGHC 10
Short summary:

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

 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT THE SESSION
HOLDEN AT MUBENDE
CRIMINAL SESSION CASE NO. 54 OF 2000
UGANDA : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : PROSECUTOR
VERSUS
 KASIGAZI JOHN: : : : : : : :: : : : : : : : : : : : : : : : : : : : : : : : : : : : : :ACCUSED BEFORE: THE HONOURABLE MR. AG. JUSTICE PAUL K. MUGAMBA
 

J U D G M E N T:
 Kasigazi John, the accused in this case, stands indicted for the offence of defilement, contrary to section 123(1) of the Penal Code Act.

All in all five witnesses were called by the Prosecution in support of their case. These were Namukolaki Scovia (PW1 - the complainant), Aida Kibalama (P.W.2 - mother of the complainant), Nyirabazungu Makulata. (P.W.3), Dr. Ngobi James (P.W.4) and Byaruhanga Ferdinand (P.W.5).

In his defence the accused gave an unsworn statement and called no witnesses.

Briefly the prosecution case is that at about 4.00 pm on 25th June 1998 P.W.1, a girl aged 9 years then, was sent by her mother P.W.2 to a family plot 150 metres away to go and harvest a bunch of banana for the family meal. No sooner had PW1 arrived in the garden than the accused arrived holding a pineapple and took away the panga PW1 had gone with from her. He threatened her that if she did not follow him into his house some distance away, he would cut her with the panga. Meanwhile accused pulled PW1 towards his house and put his hand on her mouth so that she would make no noise to invite other people to her situation. Once inside the house, accused removed