Court name
High Court of Uganda
Case number
Criminal Session Case 51 of 2000
Judgment date
4 April 2000

Uganda v KateregaC (Criminal Session Case 51 of 2000) [2000] UGHC 11 (04 April 2000);

Cite this case
[2000] UGHC 11
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. 51 OF 2000
UGANDA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
 KATEREGA. C.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED
 

BEFORE: THE HONOURABLE MR. AG. JUSTICE PAUL K. MUGAMBA 
JUDGMENT:
The accused, Katerega Charles, was indicted for the offence of defilement, contrary to section 123 (1) of the Penal Code.

In support of its case the prosecution called four witnesses. P.W.1 was Kalali Godfrey, P.W.2 was Jane Musabe (the complainant), P.W.3 was Wasswa Joseph, and P.W.4 was Emmanuel Habyara (father of the complainant). Medical evidence was admitted.

The accused gave unsworn evidence and did not call any witness.

In summary the prosecution case was as follows. On 10th June 1998 PW2 a girl aged 12 years at the time was proceeding to her grandparent’s house at about 3 p.m when she met the accused on the road next to his home. Accused caught her and held her mouth. He then took her into a bush and later to his house where he conveyed her into his bedroom and lay her on his bed. Having secured the door accused tore