Wakilii

Uganda v Baguma Stephen (Criminal Session Case No. 326 of 94)

High Court · [1995] UGHC 80 · 1995 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for defilement
Decision
Accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

In a prosecution for defilement under s.123(1) of the Penal Code, the court acquitted the accused where the sole witness, a child of tender years who gave unsworn testimony, contradicted herself on whether she saw the accused commit the offence. The court held that her unsworn statement required corroboration under s.38(3) of the Trial on Indictments Decree, that the major contradiction made her evidence unacceptable, that no corroborative evidence implicating the accused was adduced, and that the prosecution failed to disprove the accused's alibi.

Outcome

Accused acquitted and discharged

Facts

The accused was charged with defilement of a 9-year-old girl contrary to s.123(1) of the Penal Code. The complainant and the accused both worked at the home of one Nkore. On 8 November 1993, the complainant's guardian left the home to attend a burial, leaving the accused in charge of her house with the complainant and another worker. The guardian spent the night away and returned on the morning of 9 November 1993. The complainant subsequently fell ill and was taken to hospital on 11 November 1993. Medical examination on 24 November 1993 revealed that the complainant's hymen was ruptured, she had vaginal discharge indicating sexually transmitted disease, and there were injuries around her private parts approximately one week old. The complainant initially testified that the accused raped her in the night while they were alone, but under cross-examination stated she did not see the accused at night and only saw him in the morning making water trenches. The accused denied the offence and stated he was working on trenches that night, and alleged he was arrested because of a wage dispute.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the complainant was under the age of 18 years.
  2. Whether the prosecution proved beyond reasonable doubt that the complainant was sexually intercoursed.
  3. Whether the prosecution proved beyond reasonable doubt that it was the accused who sexually intercoursed the complainant.

Orders

  • Accused found not guilty of the offence of defilement.
  • Accused acquitted forthwith.
  • Unless accused is being held on any other charge, immediate release ordered.

Rules and key headnotes

Evidence — Unsworn testimony of child of tender years — Requirement for corroboration
Under s.38(3) of the Trial on Indictments Decree, an accused cannot be convicted on the unsworn statement of a child of tender years unless such evidence is corroborated by some other material evidence in support thereof implicating the accused.
Evidence — Contradictions in testimony — Effect on credibility
Where a sole eyewitness gives contradictory testimony on a major issue that goes to the root of the case, such as whether the witness saw the accused commit the offence, the contradiction renders the evidence unacceptable and the witness's account cannot be believed.
Evidence — Sexual offences — Corroboration requirement regardless of oath
In all cases of sexual offences where the complainant is a child, corroboration is required even where the child gave sworn evidence and understood the nature of an oath.
Criminal Law & Procedure — Alibi — Burden on prosecution to disprove
Where an accused raises an alibi as a defence to a criminal charge, the prosecution bears the burden of disproving the alibi by placing the accused at the scene of the crime.

Legislation cited (2)

Cases cited (7)

  • Uganda vs. Rusmani Sabuni HCB Vol. 13 1981 P.1
  • Leonard Anise th Vu 1963 EA p206
  • Uganda vs. Abdullah Nqsurlffi page 1
  • Ntukiirande alias Nanyaaubwa Mande vs. R 1965 EA P. 193
  • Kasani Buluhani vs. R 1958 EA p 471
  • Telesfora Alox and another V R 1963 EA 140
  • R V. Johnson, 1963 3 AM p 969

Full judgment

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

Uganda v Baguma Stephen (Criminal Session Case No. 326 of 94) [1995] UGHC 80 (5 July 1995)
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.