Wakilii

Uganda v Mukulu Nasuru & 3 Ors (High Court Criminal Session Case No. 137 of 2007) (High Court Criminal Session Case No. 137 of 2007)

High Court · [2009] UGHC 8 · 2009 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal prosecution for defilement before the High Court Criminal Division
Decision
First accused convicted and remanded for sentencing by Chief Magistrate; remaining three accused remanded pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The first accused pleaded guilty to simple defilement of a 14-year-old girl and was convicted under s.129(1) of the Penal Code as amended by Act 8 of 2007. The court ordered the file transferred to the Chief Magistrate's Court Jinja for sentencing under s.94 of the Children Act. The remaining three accused pleaded not guilty and were remanded pending the next High Court session.

Outcome

First accused convicted and remanded for sentencing by Chief Magistrate; remaining three accused remanded pending trial

Facts

On 25 December 2007, a 14-year-old girl attended a disco dance at Lubani Trading Centre. At 9:00 p.m., while returning home, she encountered a group of boys including the first accused, Mukulu Nasuru. The boys forcibly carried her into a nearby bush where they had sexual intercourse with her until she became unconscious. At 1:00 a.m., one Hasi heard her crying and rescued her, taking her to her parents' home. She was bleeding from her private parts. Her father took her to Lubani Drugs Shop, then Lubani Health Centre, and she was referred to Jinja Hospital. The father reported the matter to Buwange Police Post. The accused was arrested and confessed to defiling the prosecutrix. Medical examination by Dr. Katende confirmed the victim was 14 years old.

Issues

  1. Whether the accused persons were guilty of defilement contrary to s.129(1) of the Penal Code as amended

Orders

  • Accused No.1 Mukulu Nasuru convicted of simple defilement contrary to s.129(1) of the Penal Code as amended by Act 8 of 2007.
  • File to be transferred to Chief Magistrate's Court Jinja by 2 February 2009 for sentencing under s.94 of the Children Act Cap.59.
  • Accused No.2, No.3, and No.4 remanded in custody until the next convenient session of the High Court.

Legislation cited (3)

  • Penal Code s.129(1)
  • Penal Code (Amendment) Act 2007 (Act 8 of 2007) s.6
  • Children Act Cap.59 s.94

Full judgment

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

Uganda v Mukulu Nasuru & 3 Ors (High Court Criminal Session Case No. 137 of 2007) (High Court Criminal Session Case No. 137 of 2007) [2009] UGHC 8 (18 January 2009)
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.