Oyeki Charles v Uganda [2002] UGSC 15

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The appellant was convicted of rape and his appeal to the Court of Appeal failed. On second appeal he argued that the complainant's evidence was insufficiently corroborated. The Supreme Court held that the eyewitness evidence of the complainant's daughter, who found the appellant on top of her mother having sexual intercourse and raised an alarm summoning others who saw the same, sufficiently corroborated the complainant's account both that intercourse took place and that the appellant was the culprit. The Court found no error in the Court of Appeal's decision and dismissed the appeal.

Outcome

Appeal dismissed; conviction and sentence upheld

Facts

On 16 July 1995 at Jemba Village in Mpigi District, the appellant had sexual intercourse with the complainant (PW2). The complainant's daughter (PW3) responded to the scene when her mother was attacked and raised an alarm, finding the appellant on top of her mother having sexual intercourse with her. PW3 ran to a nearby party and called others, including the victim's son, who returned and found the appellant still on top of the complainant having sexual intercourse with her. The appellant was indicted, tried and convicted of rape, and sentenced to 15 years' imprisonment.

Issues

1. Whether the evidence of the complainant was sufficiently corroborated to prove that forceful sexual intercourse took place and that the appellant was the perpetrator.

Orders

• Appeal dismissed.

Rules and key headnotes

Legislation cited (2)

• Penal Code Act s.117
• Penal Code Act s.118

The original judgment as reported. Read the original PDF before relying on any passage.