Wakilii

Rex v Erui (Cr.A. 143-1936.)

East African Court of Appeal · [1936] EACA 122 · 1936 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for rape
Decision
Appellant acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court held that a recent complaint by a child complainant is merely indicative of consistency and does not constitute corroboration. A retracted confession cannot corroborate the complainant's evidence unless the confession itself is corroborated. Retracted confessions cannot corroborate each other. The conviction was quashed for lack of sufficient corroborative evidence.

Outcome

Appellant acquitted and discharged

Facts

The appellant was convicted of raping a child named Alyeno, aged approximately 6 to 8 years. Medical evidence confirmed that the child had been raped by someone. The child gave unsworn testimony identifying the appellant as the perpetrator and testified that she made a complaint shortly after the incident. Three witnesses testified that the appellant had confessed to them that he raped the girl. The appellant retracted these alleged confessions at trial. The trial judge found corroboration in the confessions and convicted the appellant.

Issues

  1. Whether the complainant's evidence was sufficiently corroborated to sustain a conviction for rape.
  2. Whether a recent complaint by a child complainant constitutes corroboration.
  3. Whether retracted confessions can corroborate the complainant's evidence.
  4. Whether retracted confessions can corroborate each other.

Orders

  • Appeal allowed.
  • Conviction quashed.
  • Appellant ordered to be discharged.

Rules and key headnotes

Evidence — Corroboration — Recent Complaint by Child Complainant
The fact that a child complainant of tender years made a recent complaint is merely indicative of the consistency of the complainant's evidence and does not supply corroboration.
Evidence — Corroboration — Unsworn Testimony of Children
The unsworn evidence of children of tender years requires corroboration as a rule of common sense and fairness, and such evidence cannot itself serve as corroborative evidence.
Evidence — Confessions — Retracted Confessions Requiring Corroboration
A retracted confession cannot corroborate the complainant's evidence unless the confession itself is corroborated by independent evidence.
Evidence — Confessions — Retracted Confessions Cannot Corroborate Each Other
A retracted confession cannot be corroborated by other confessions which have themselves been retracted and are uncorroborated.
Criminal Law & Procedure — Rape — Corroboration Requirement
In sexual offences, corroboration of the complainant's evidence is required as a rule of practice before a conviction can be sustained.

Legislation cited (1)

  • Penal Code (Tanganyika) s.128

Cases cited (5)

  • Rex v Ramazani bin Mawingu (Cr.A. 26 of 1936)
  • Rex v Solu wa Tutu [1 EACA 183]
  • Rex v Mutwiwa s/o Maingi [2 EACA 66]
  • Rex v Alukani s/o Alimunija [2 EACA 87]
  • Rex v. Southern (22 Cr. App. R. 6)

Full judgment

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

Rex v Erui (Cr.A. 143-1936.) [1936] EACA 122 (1 January 1936)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.