Uganda v Mulinda (HCT-17-CR-SC-0345-2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The accused was charged with aggravated defilement of a nine-year-old girl. The prosecution proved the victim was below 14 years through medical evidence and maternal testimony. However, the two key prosecution witnesses gave inconsistent accounts of the incident. The victim testified the accused defiled her when her brother was away, while the brother testified he saw the accused defile the victim. The medical evidence showed only a discharge without conclusive proof of sexual intercourse. The court found these contradictions and the consistent defence case raised reasonable doubt and acquitted the accused.
Outcome
Accused acquitted and released from custody
Facts
On 19 July 2023, at Kayonza village, Nakaseke district, the accused, a herdsman working for the victim's grandfather, allegedly defiled a nine-year-old girl. The victim's mother testified she had gone to church and left the home locked, with keys at her father's house. Upon return at 4pm, she found unmade beds and her son Musementa disclosed he had left the victim with the accused. The mother examined the victim and found tears and blood. The victim testified the accused defiled her in her mother's bedroom after showing her a phone and asking for milk. Musementa testified he saw the accused defile the victim after the accused sent him away with 100 shillings. The accused denied the allegation, testifying he spent the morning milking cattle with other workers and was sent to buy maize flour at Kagonza trading centre around 10am. Medical examination found a discharge but no tears or injuries.
Issues
- Whether the victim was below fourteen years of age at the time of the alleged incident.
- Whether a sexual act was performed on the victim.
- Whether the accused person participated in the alleged sexual act.
Orders
- Accused found not guilty.
- Accused acquitted of the offence of aggravated defilement.
- Accused released from custody unless lawfully held in connection with some other offence.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.