Wakilii

Uganda v Katimbo Benjamin (Criminal Sessions Case 6 of 2026)

High Court · [2026] UGHC 480 · 2026 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial on indictment following not guilty plea, with prosecution application to quash indictment after preliminary hearing
Decision
Accused acquitted and discharged

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.

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 High Court quashed an indictment for performing a sexual act with a minor where the medical examination report (PF3A) showed the victim's hymen was intact and no injuries were found on the victim's body. The medical evidence negated the allegation under Section 116(2) and (3) of the Penal Code Act. The accused was acquitted and discharged.

Outcome

Accused acquitted and discharged

Facts

On July 24, 2024, the accused Katimbo Benjamin was charged with performing a sexual act on NJ, a minor aged 7 years, at Kiwafu-West in Wakiso district. The accused pleaded not guilty. At a preliminary hearing under Section 67(2) of the Trial on Indictments Act, the parties presented a memorandum of agreed matters which included Police Form 3A (PF3A). The medical examination conducted on July 31, 2024 by PC Awori Evelyn at Entebbe Police Health Center II found the victim's hymen intact, no abrasions on her genitals, and no injuries anywhere on her body including the anus. Based on this medical evidence, the prosecution applied to have the indictment quashed as no offences were disclosed.

Issues

  1. Whether the medical evidence disclosed any offence against the accused person sufficient to sustain the indictment.

Orders

  • Indictment quashed under Section 59 of the Trial on Indictments Act.
  • Accused acquitted of the charges pleaded to in the indictment.
  • Bail deposit in the amount of UGX 400,000 ordered refunded.
  • Accused person discharged unless held on other lawful charges.

Rules and key headnotes

Criminal Law & Procedure — Indictment — Quashing of Indictment — Medical Evidence Negating Charge
Where medical examination evidence shows no physical injuries or penetration in a case of alleged sexual assault on a minor, and the evidence negates the essential elements of the offence charged, the court may quash the indictment under Section 59 of the Trial on Indictments Act.
Evidence — Medical Evidence — Sexual Offences — Sufficiency to Sustain Charge
Medical evidence showing an intact hymen and absence of injuries on a victim's body negates an allegation of performing a sexual act with a minor contrary to Section 116(2) and (3) of the Penal Code Act.

Legislation cited (4)

Full judgment

↓ Download PDF

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

Uganda v Katimbo Benjamin (Criminal Sessions Case 6 of 2026) [2026] UGHC 480 (28 April 2026)
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.