Court name
High Court of Uganda
Judgment date
11 December 2002

Uganda v Bukenya Ronald (HCT-00-CR-SC-2002/9) [2002] UGHC 17 (11 December 2002);

Cite this case
[2002] UGHC 17

 

 
THE REPUBLIC OF UGANDA
 
 
IN THE HIGH COURT OF UGANDA AT KAMPALA
 
CASE NO: HCT-00-CR-SC-0009 OF 2002

UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR

 
 
VERSUS

BUKENYA RONALD ::::::::::::::::::::::::::::::::::::::: ACCUSED

BEFORE: HON. MR. JUSTICE J.B.A. KATUTSI:

JUDGMENT:

The accused at bar is indicated for rape, an offence contrary to section 117 and punishable under section 118 of the Penal Code Act. It is alleged that the accused and other two still at large, on the 14th day of March 2001 at Kagoma Maganjo “B” zone, Nabwera sub-county in Wakiso District had unlawful carnal knowledge of Nandaula Gorreti without her consent.

In her evidence prosecutrix testified that on 14/3/2001 at around 11 p.m. as she came from Kololo where shed had been attending an election rally she passed by the home of one Senga. There she bought herself a bottle of Nile Special. Accused was also there with other three friends also drinking. The four started making sexual advances to her but she told them to keep off her. After consuming her drink she started her journey home. Accused and two of his friends followed her. On overtaking her accused said he wanted to marry her. She told him she was not looking for men to marry. The accused grabbed her by the arm, one of his friend held her mouth wide open to stop her from making an alarm. The three then lifted her and took her to accused’s room where they in turn ravished her. After satisfying their lust they ran away. She ran out half naked and raised an alarm, which was answered by some girls who were coming from the disco. Namusoke Mastula appeared as PW2. She testified that on 15/3/2001 at 2.00 a.m. She was on her way home after attending a disco. She found prosecutrix whom she knew as Naginda who told them that she had been sexually ravished by men. She said she knew only one of them called Gilbert. She was in pants only. They found her raising an alarm.

Policewoman detective constable Rose Musenero appeared as PW3. She testified that on 15/3/2001. She was on duty at Kawempe Police Station. There she received prosecutrix who reported that she had been raped by three men, one of whom was called T. Ronald Bukenya. She took her statement, which she later turned to her boss the O.C. C.I.D. who then instructed her to carry out investigations. She gave prosecutrix police form No. 3 when she inquired people staying near the scene of crime they reported that they had heard an alarm during the previous night. Prosecutrix led her to the room where she alleged to have been raped. Nobody was there. This was in the boys’ quarters. There was a lady who was staying in the main house. She too said she had heard an alarm which she said took about 30 minutes and that when she had got out she had found prosecutrix crying. She told the witness that the boys’ quarters where the rape had allegedly been committed were used by Ronald Bukenya as his dwelling place. The witness looked for Bukenya but in vain. She instructed the area