Wakilii

Rex v Sheshaho (Ct. App. No. 105 of 1938.)

East African Court of Appeal · [1938] EACA 110 · 1938 Conviction Altered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction by High Court of Uganda
Decision
Conviction altered from rape to defilement; sentence upheld

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 of Appeal substituted the conviction for rape with a conviction for defilement. The evidence showed the girl was promised money and the question of consent was in doubt. Where an accused is charged on two counts—rape and defilement—the appellate court is competent to substitute a conviction of defilement for rape. The sentence was upheld and the appeal dismissed with this variation.

Outcome

Conviction altered from rape to defilement; sentence upheld

Facts

The appellant was convicted by the High Court of Uganda on two charges: rape and defilement. The evidence showed that the girl was promised cents by the appellant. They were found in a position suggesting consensual activity. The girl cried out during the act. The trial court convicted the appellant of rape. The appellant appealed the conviction to the Court of Appeal for Eastern Africa, appearing absent and unrepresented.

Issues

  1. Whether the conviction for rape should be upheld or substituted with a conviction for defilement.
  2. Whether the Court of Appeal was competent to substitute a conviction of defilement for rape where the accused was charged on both counts.

Orders

  • Conviction for rape set aside.
  • Conviction for defilement substituted.
  • Sentence to stand.
  • Appeal dismissed with variation in conviction.

Rules and key headnotes

Criminal Law & Procedure — Rape and Defilement — Substitution of Conviction on Appeal
Where an accused is charged on two counts, one of rape and one of defilement, it is competent for an appellate court to substitute a conviction of defilement for a conviction of rape.
Evidence — Consent — Assessment in Sexual Offences
The fact that a complainant cried out during a sexual act does not necessarily negative consent, as the cry may be due to pain rather than lack of consent. Where the question of consent is in doubt on the facts, the proper finding is defilement rather than rape.

Cases cited (1)

  • Rex v Yonasani (4 E.A.C.A. 29)

Full judgment

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

Rex v Sheshaho (Ct. App. No. 105 of 1938.) [1938] EACA 110 (1 January 1938)
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.