Wakilii

Uganda v Bulukani Owolo and Another (Criminal Sessions Case 19 of 1995)

High Court · [1995] UGHC 157 · 1995 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial at first instance — ruling on prima facie case after close of prosecution evidence
Decision
Both accused acquitted and discharged at close of prosecution case for failure to establish a prima facie case

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court acquitted both accused of rape and aiding rape under section 71(1) of the Trial on Indictments Act, finding no prima facie case. The complainant stated the second accused did not rape her, and the medical examination found no evidence of sexual intercourse or rape.

Outcome

Both accused acquitted and discharged at close of prosecution case for failure to establish a prima facie case

Facts

Bulukani Owolo and Remegio Opoka were each indicted on two counts: rape contrary to section 117 of the Penal Code Act, and aiding another to commit rape contrary to section 21(c) of the Penal Code Act. The alleged offences occurred on 6 October 1993 against the complainant Angelina Kedi alias Akwi. Both accused pleaded not guilty. The prosecution called five witnesses including the complainant and Dr. Adiya Drate. The complainant testified that the second accused (Opoka) did not rape her. Dr. Adiya Drate examined the complainant and found no evidence of rape or sexual intercourse. At the close of the prosecution case, the court considered whether a prima facie case had been established.

Issues

  1. Whether the prosecution established a prima facie case of rape against either accused.
  2. Whether the prosecution established a prima facie case that either accused aided the other to commit rape.

Orders

  • Each accused found not guilty and acquitted under section 71(1) of the Trial on Indictments Act.
  • Each accused to be released from prison forthwith unless held for other lawful purposes.

Rules and key headnotes

Criminal Law & Procedure — Acquittal at Close of Prosecution Case — Prima Facie Case — Standard
At the close of the prosecution case, the test for whether a prima facie case has been established is whether, if the accused offers no explanation, the court can proceed to convict on the available evidence.
Evidence — Medical Evidence — Rape Cases — Absence of Physical Evidence
Where a medical examination of the complainant in a rape case reveals no evidence of sexual intercourse or rape, and the complainant's own testimony excludes one accused, no prima facie case of rape is established against either accused.

Legislation cited (3)

Cases cited (1)

  • J.T. Bhatt v R (1957) EA 332

Full judgment

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

Uganda v Bulukani Owolo and Another (Criminal Sessions Case 19 of 1995) [1995] UGHC 157 (18 August 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.