Court name
High Court of Uganda
Judgment date
18 January 2009

Uganda v Mukulu Nasuru & 3 Ors (High Court Criminal Session Case-2007/137) [2009] UGHC 8 (18 January 2009);

Cite this case
[2009] UGHC 8

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HCT-03-CR-SC-0137-2007

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

VERSUS

MUKULU NASURU & 3 OTHERS :::::::::::::::::::::::::::: ACCUSED




BEFORE: HON. JUSTICE J.P.M TABARO





ORDER






15-1-2008       
A1, Nasuru Mukulu



A2, Daniel Walube



A3, Paul S      
ooma



A4 Paul Waako, all present



        
        
        
Mr. F. Kakooza Principal State Attorney for the         
        
        


        
        
        
State



        
        
        
Ms. J. Nakakande for the defence





Court: For aneigerment on 19-1-2009



        
Police file not available.







J.P.M. Tabaro

Judge

15-12-2008



19-1-2009       
A1, A2, A3, A4, present

Ms. C. Kwikiriza, State Attorney

for the State

Ms J. Nakakande for defence on State brief

Accused persons shall be aneighed



Plea: A1: I admit the charge. Please of Guilty recorded.

        
A2: Not Guilty

A3. I admit the charge. Plea of Guilty entered (N.G)

A4: Not Guilty



Court: Adjourned till 12.00 noon.



J.P.M Tabaro

Judge



Later in the afternoon

All accused persons present

Appearances as before



Facts narrated by the Prosecutor in respect of the admission of guilt by A1.


“On 25-12-2007 there was a disco dance at Lubani Trading Centre near the home of the Prosecutrix’s home. The Prosecutrix
attended the dance. At 9.00p.m the Prosecutrix decided to return home. On the way she met, group of boys among whom she recognized
A1, Nasuru Mukulu: Nasuru Mukulu with the other boys carried her into a nearby bush by force and had sexual intercourse with her
until she became unconscious. At 1.00a.m one Hasi heard the victim crying and came to her rescue. He was going home. He then carried
the Prosecutrix to her parents’ home. She was bleeding from her private parts. Subsequently the girl’s father took her
to Lubani Drugs Shop and later to Lubani Health Centre from where she was referred to Jinja hospital for further treatment. Next
the father reported the matter to Buwange Police Post. Later the accused was arrested and subsequently confessed to defiling the
Prosecutrix, hence the charge before court. Prosecutrix was medically examined by Dr. Katende and found to be aged 14 years.”



Facts put to accused.



He states: Correct





Court: Accused No.1 Nasuru Mukulu is convicted of       
        
        
        
defilement C/S 129 (1) of the Penal
Code, that is, as   
        
amended by Act 8 of 2007.



J.P.M Tabaro

Judge

19-1-2008



Order:
Accused person is convicted of simple defilement,        
        
        
that is, not aggravated as that is so the accused       
        
        
shall be dealt with under the children
(Family and      
        
        
Children Court) Rules, made under the Children Act      
        
(Cap.59 Laws of Uganda), Section 94.



J.P.M. Tabaro

Judge

19-1-2009



Order: By virtue of S.6 of the Penal Code (Amendment) Act,      
        
        
2007 (Act 8 of 2007), the file shall be transferred to  
        
        
the Chief Magistrate’s Court Jinja. Since High  
        
        
        
Court has unlimited jurisdiction,
the conviction        
        
        
would appear to be in accordance with the law.



J.P.M. Tabaro

Judge

19-1-2009



Court:  
In order to avoid delay the file shall be sent to Jinja         
        
        
not later that 2-2-2009 when the matter will be         
        
        
before the Chief Magistrate Jinja
for order under       
        
        
S.94 of the Children Act (Cap 59 Laws of Uganda).



J.P.M. Tabaro

Judge

19-1-2009



Order: A2, A3, and A4 shall be remanded in custody till the     
        
next
convenient session of the High Court.



J.P.M. Tabaro

Judge

19-1-2009