Rex v Abdulla (Cr.A. 144-1936.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that in a rape case involving a child complainant of tender years, corroboration may be sufficiently provided by the sworn evidence of a fourteen-year-old witness. The appeal against conviction was dismissed. The court noted a procedural defect in the preliminary inquiry certificate but found it immaterial to the case outcome.
Outcome
Conviction upheld
Facts
The appellant was convicted of rape. The complainant was a child of tender years. A witness named Mukama, aged fourteen years, gave evidence on oath that corroborated the complainant's account. The appellant appealed the conviction. The magistrate who conducted the preliminary inquiry had used an incorrect form for the certificate to the statutory statement, though this defect did not affect the substance of the case.
Issues
- Whether the evidence of a child of tender years may be sufficiently corroborated by the evidence on oath of a boy of fourteen years to justify a conviction of rape.
Orders
- Appeal dismissed.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.