Court name
High Court of Uganda
Judgment date
9 March 2004

Uganda v Sekabito Kassim (Criminal Case-2003/178) [2004] UGHC 10 (09 March 2004);

Cite this case
[2004] UGHC 10
Short summary:
Criminal law

 

 

THE REPUBLIC OF UGANDA

 


IN THE HIGH COURT OF UGANDA AT KAMPALA

CRIMINAL CASE NO. 178 OF 2003

 

 

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

 

 

 

 

VERSUS

 

SEKABITO KASSIM ::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED

BEFORE: THE HON. MR. JUSTICE R.O. OKUMU WENGI
 


JUDGMENT:
 

 

Accused, a neighbour was indicted with defilement of a girl in April 2002. It is alleged that on 1st April 2002 at Bubajwe Zone Kawempe Sekabito Kassim defiled Nasuna Nuriat. He denied committing the offence. During the trial Prosecution called 3 witnesses. The accused made a sworn testimony.

The ingredients of the offence of defilement are that (a) the girls must be below the age of 18(b) that there was carnal knowledge (c) that the accused committed the offence. In this case the girl herself told court that she was in primary 5 at Blessed Child Primary School. Other than this she did not say what her age was. However her mother Juliet Nabada, told court that the girl was 14 years old and also that she is in Primary 5. She stated in Cross Examination that Nasuna was born in 1990. This would make her 14 this year. From this evidence and looking at the girl as she testified I am able to say and find that she is 14 years old and in any case she is quite below the age of 18. In any case the accused who testified on oath was aware that the child was bellow 18. He said:-
“I know her. She is a child of my