Wakilii

Uganda v Kulaba Badiru (Criminal Case No.259 of 1994)

High Court · [1995] UGHC 25 · 1995 Accused Acquitted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on submission of no case to answer at close of prosecution case in criminal trial for defilement
Decision
Accused acquitted at close of prosecution case

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that while evidence showed defilement was committed, the prosecution failed to adduce sufficient evidence connecting the accused to the offence. The complainant did not testify. Suspicion alone is insufficient to sustain a conviction. Submission of no case to answer upheld; accused acquitted under section 71(1) of the Trial on Indictments Decree.

Outcome

Accused acquitted at close of prosecution case

Facts

The accused Kulaba Badiru was indicted for defilement contrary to section 123(1) of the Penal Code Act. He pleaded not guilty. At the close of the prosecution case, defence counsel submitted that no prima facie case had been made out because the age of the victim had not been proved to be below 18 years and no evidence connected the accused with the alleged defilement. The prosecution maintained that a prima facie case had been established. The complainant who would have testified as to what happened did not appear in court.

Issues

  1. Whether the prosecution established a prima facie case of defilement against the accused.
  2. Whether there was sufficient evidence to connect the accused with the commission of the offence of defilement.

Orders

  • Submission of no case to answer upheld.
  • Accused found not guilty.
  • Accused acquitted under section 71(1) of the Trial on Indictments Decree.

Rules and key headnotes

Criminal Procedure — No Case to Answer — Test for Submission
A case to answer means that if the accused decided to remain silent after the close of the prosecution case, the court would proceed to convict on the evidence adduced. Where no case is made out, the evidence available is not enough to have the accused convicted by a reasonable tribunal properly directing its mind to such evidence and law.
Evidence — Standard of Proof — Suspicion Insufficient for Conviction
Suspicion alone is not sufficient to sustain a criminal conviction. There must be evidence connecting the accused to the commission of the offence.
Criminal Procedure — No Case to Answer — Failure to Connect Accused to Offence
Where evidence shows that an offence was committed but fails to connect the accused to the commission of that offence, a submission of no case to answer must be upheld and the accused acquitted.

Legislation cited (2)

Cases cited (2)

  • R.T. Bhatt v R (1957) EA 332
  • Israil Epuka s/o Achietu v R (1934) 1 EACA 166

Full judgment

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

Uganda v Kulaba Badiru (Criminal Case No.259 of 1994) [1995] UGHC 25 (1 September 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.