Wakilii

Uganda v Nsengiyunva Fred (Criminal Session Case No. HCT-17-CRSC-0073-2023)

High Court · [2023] UGHC 525 · 2023 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for acquittal at close of prosecution case under section 73(1) of the Trial on Indictments Act
Decision
Accused acquitted and released from custody

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the prosecution failed to establish a prima facie case of rape where the victim's testimony was disjoined and unconvincing and medical evidence was scanty, showing no peculiar findings such as presence of seminal fluids. The accused was acquitted at the close of the prosecution case under section 73(1) of the Trial on Indictments Act.

Outcome

Accused acquitted and released from custody

Facts

The accused was indicted with rape contrary to sections 123 and 124 of the Penal Code Act, alleged to have occurred on 30 December 2022 at Karubanga village, Nakasongola district. The complainant, Auma Mercy aged 21, testified that the accused, who was her neighbor and her employer's herdsman, had previously approached her for friendship which she declined. She alleged that while working as a house girl and fetching water at a dam at 11 a.m., the accused grabbed her, removed her clothes, and raped her within the fencing of the dam. She raised an alarm answered by some boys. In cross-examination, inconsistencies emerged in her testimony about whether the responders found the accused in the act of raping her or after he had already raped her. She was medically examined the same date but the medical evidence showed nothing peculiar, including no presence of seminal fluids in her genitals. The court found her account disjoined and unconvincing, with scanty medical evidence insufficient to determine if sexual activity had occurred.

Issues

  1. Whether the prosecution established a prima facie case sufficient to put the accused on his defense on a charge of rape.

Orders

  • Prima facie case has not been made out.
  • Accused person acquitted of the offence of rape.
  • Accused released from custody unless lawfully held in connection with some other offence.

Rules and key headnotes

Prima Facie Case — Standard at Close of Prosecution Case — Requirements
At the close of the prosecution case under section 73(1) of the Trial on Indictments Act, a prima facie case is one where the prosecution has proved the essential elements of the offence to a high degree such that a reasonable court would convict if no explanation is forthcoming from the accused person.
Credibility of Witnesses — Contradictory Testimony — Effect on Prosecution Case
Where the sole prosecution witness gives disjoined and unconvincing testimony with internal contradictions, and medical evidence is scanty and fails to corroborate the allegations, the court may find that a prima facie case has not been established and acquit the accused at the close of the prosecution case.

Legislation cited (3)

Full judgment

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

Uganda v Nsengiyunva Fred (Criminal Session Case No. HCT-17-CRSC-0073-2023) [2023] UGHC 525 (4 October 2023)
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.