Wakilii

Uganda v Ekyorinkwasa Deus (HCT-05-CR-SC-0074 of 2003)

High Court · [2003] UGHC 20 · 2003 Convicted of Lesser Offence (Indecent Assault); Acquitted of Theft AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial on indictment for rape and theft before the High Court
Decision
Accused convicted of indecent assault (lesser offence) and acquitted of theft

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court found the prosecution failed to prove sexual intercourse occurred, as medical examination two days after the alleged incident showed no evidence of intercourse. However, evidence established the accused threw the complainant to the ground and lay on her. The court convicted the accused of the lesser offence of indecent assault under section 122(1) of the Penal Code Act. On the theft charge, the court held the prosecution failed to prove the accused stole the money, as no evidence showed he was seen taking it or that it was found on him. The accused was acquitted of theft.

Outcome

Accused convicted of indecent assault (lesser offence) and acquitted of theft

Facts

On 19 November 2000, the complainant Kyomuhendo Patience was returning home after attempting to buy sorghum. While her two companions walked ahead, she stopped to speak with someone about obtaining sorghum. When she continued walking, the accused Ekyorinkwasa Deus approached her and snatched a handkerchief containing UGX 59,000. He then wrestled her to the ground along a village path at approximately 6:30 p.m. The complainant raised an alarm, attracting her two companions back to the scene. One companion, Kyarisiima Gauda, arrived within 10 metres and saw the complainant on the ground and the accused putting back his trousers and running away. The complainant reported the matter to authorities. The accused was arrested and charged with rape and theft. At trial, the accused claimed an alibi, stating he had not left his home that day. Medical examination two days after the alleged incident showed no evidence of sexual intercourse.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the accused committed rape contrary to sections 117 and 118 of the Penal Code Act.
  2. Whether the prosecution proved beyond reasonable doubt that the accused committed theft contrary to sections 245 and 252 of the Penal Code Act.

Orders

  • Accused found guilty of indecent assault contrary to section 122(1) of the Penal Code Act and convicted accordingly.
  • Accused found not guilty of theft and acquitted.

Rules and key headnotes

Rape — Ingredients — Proof of Sexual Intercourse Required
Where rape is charged, the prosecution must prove unlawful sexual intercourse occurred, that it was without consent, and that the accused participated. Where medical examination conducted two days after the alleged incident shows no evidence of sexual intercourse, the prosecution has failed to prove this essential ingredient beyond reasonable doubt.
Corroboration — Sexual Offences — Practice to Seek Corroboration
While courts may convict on the uncorroborated evidence of a complainant in sexual offences, as a matter of practice courts will find it safe to look for some corroboration before convicting. The court must warn itself and assessors of the danger of convicting on uncorroborated evidence of a single witness, but may proceed to convict if satisfied the witness was truthful.
Alternative Verdicts — Conviction of Lesser Offence
Where the prosecution fails to prove the full offence of rape because sexual intercourse was not established, but evidence shows the accused threw the complainant to the ground and lay on her against her will, the court may convict of the lesser offence of indecent assault under section 122(1) of the Penal Code Act.
Identification — Opportunity to Identify Accused
Where the complainant knew the accused as a former schoolmate, the incident occurred in daylight at approximately 6:30 p.m., the accused was close to the complainant for about five minutes, and a second witness who knew the accused from the locality saw him at the scene from 10 metres away, the identification evidence is sufficient to place the accused at the scene of crime.
Alibi — Burden of Proof on Prosecution to Disprove
Where an accused raises the defence of alibi, it is not the accused's duty to prove it. The duty rests on the prosecution to disprove the alibi by adducing evidence which places the accused squarely at the scene of crime.
Theft — Proof Required — Taking and Permanent Deprivation
To prove theft, the prosecution must establish that something of value capable of being stolen was taken and that it was stolen by the accused with intention to permanently deprive the owner. Where the only evidence is the complainant's statement that money was grabbed but the money was never recovered, was not found on the accused, and the complainant merely searched the scene rather than reporting to a witness that the accused had taken it, the prosecution has not proved theft beyond reasonable doubt.

Legislation cited (5)

Cases cited (2)

  • Uganda v Kahitira [1988-1990] HCB 30
  • Chila & Another v R [1967] EA 722

Full judgment

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

Uganda v Ekyorinkwasa Deus (HCT-05-CR-SC-0074 of 2003) [2003] UGHC 20 (6 November 2003)
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.