Uganda v Kadago (Criminal Session Case No. 443 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the indictment was incurably defective. The accused was charged with rape under sections 123 and 124 of the Penal Code Act, which applies only to victims above 18 years. The victim was 13 years old, making the proper charge defilement under section 129. Section 50(2) of the Trial on Indictments Act prohibits amendment where the proposed charge is not disclosed by the summary of evidence. The court dismissed the indictment and discharged the accused.

Outcome

Accused discharged on defective indictment

Facts

The accused was indicted for rape contrary to sections 123 and 124 of the Penal Code Act. The prosecution alleged that on 2 February 2015 at Bukiri village, Bugiri district, the accused had unlawful carnal knowledge of Naigulu Hamula without her consent. The accused pleaded not guilty on 9 January 2019. The victim's mother testified that on 16 November 2014, the victim, aged 13 at the time, was sent to buy silver fish at about 1900 hours. The accused allegedly met the victim, took the fish, sent it home with another child, pulled the victim into a bush, and forcefully had sexual intercourse with her. Medical examination revealed signs of penetration and a ruptured hymen. The accused allegedly confessed in his charge and caution statement. Documentary evidence confirmed the victim's date of birth as 2 January 2001, making her 13 years old at the time of the alleged offence.

Issues

1. Whether the accused should be put on his defence under Section 73(1) of the Trial on Indictments Act.
2. Whether the indictment was defective where the accused was charged with rape under sections 123 and 124 of the Penal Code Act when the victim was below 18 years.
3. Whether the High Court could amend the defective indictment under Section 50 of the Trial on Indictments Act.

Orders

• Indictment dismissed.
• Accused discharged forthwith.
• Immediate release of the accused ordered, save if held for any other lawful charge.

Rules and key headnotes

Legislation cited (7)

• Penal Code Act Cap. 120 s.123
• Penal Code Act Cap. 120 s.124
• Penal Code Act Cap. 120 s.129
• Trial on Indictments Act s.73(1)
• Trial on Indictments Act s.50
• Trial on Indictments Act s.50(2)
• Magistrates' Courts Act s.168

Cases cited (2)

• Rananlal T. Bhatt v R [1957] EA 332
• Uganda v Kivumbi & Others (Criminal Case No. 20 of 2011)

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