Court name
High Court of Uganda
Judgment date
12 September 2005

Uganda v Arinaitwe Denis (HCT-05-CR-SC-2003/141) [2005] UGHC 18 (12 September 2005);

Cite this case
[2005] UGHC 18

 



 


 


THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT RUKUNGIRI


 


 


CASE NO: HCT-05-CR-SC-0141 OF 2003

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


 


VERSUS

ARINAITWE DENIS :::::::::::::::::::::::::::::::::::::::::: ACCUSED

BEFORE: THE HON. MR. JUSTICE RUBBY AWERI-OPIO
J U D G M E N T:-

 
Arinaitwe Denis hereinafter called the accused was indicted for defilement contrary to section 129 (1) of the Penal Code Act. The particulars of the offence alleged that the accused on the 22nd October 2002 at Ishasha village in Kanungu District had unlawful sexual intercourse with Kiiza Lydia, a girl under the age of 18 years.

The background facts of this case were that the accused and the victim were friends. The victim was by then 13 years old and a pupil in a primary school. During the night of 22

nd October 2002 at 10.00p.m. the accused visited the victim’s bedroom and had sexual intercourse with her as usual. A fairly jealous neighbour noticed it and informed the victim’s mother who rushed to the scene. The accused escaped from the scene leaving his clothes and other items behind. The victim also escaped and slept at their