Uganda v Prince Alex (Criminal Session Case 80 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court convicted the accused of aggravated defilement under Section 129(3)(4a) of the Penal Code Act. The court found that the prosecution proved beyond reasonable doubt that the accused had non-consensual sexual intercourse with a 13-year-old victim on multiple occasions in September 2021. The victim's testimony was corroborated by medical evidence showing hymen rupture and transmission of a sexually transmitted infection from the accused to the victim. The accused's defence was evasive and did not impeach the direct evidence.
Outcome
Accused convicted of aggravated defilement
Facts
In September 2021, the accused, Prince Alex, allegedly had sexual intercourse with a 13-year-old girl, Ampumuza Doreen (PW2), on five consecutive days in Kishongati cell, Rukiga district. The victim testified that the accused accosted her while she was fetching water, forced her into his house, and threatened to kill her if she raised an alarm. She did not report the incidents until her father (PW1) confronted her on September 21, 2021, after noticing her distress. Medical examination revealed a ruptured hymen and a sexually transmitted infection (candida). The accused was also found to have candida upon examination. The accused denied the charges and claimed he was beaten by police and asked for ransom. He provided no alibi placing him elsewhere at the time of the offences.
Issues
- Whether the prosecution proved beyond reasonable doubt that sexual intercourse occurred between the accused and the victim.
- Whether the prosecution proved that the victim was below the age of 14 years at the time of the offence.
- Whether the prosecution proved that the accused participated in the commission of the offence.
Orders
- Accused found guilty of aggravated defilement contrary to Section 129(3)(4a) of the Penal Code Act, Cap 128.
Rules and key headnotes
Legislation cited (1)
Cases cited (6)
- Woolmington v DPP (1935) AC 462
- Miller v Minister of Pensions (1947) 2 All ER 372
- Uganda v Orem Nicholas (Criminal Session No. 459 of 2010)
- Uganda v Kusemererwa (Criminal Case No. HCT-01-CR-SC-0015-2014)
- Ochit Labwor Patrick v Uganda (Criminal Appeal No. 15 of 1998)
- Abdu Ngobi v Uganda (Criminal Appeal No. 030 of 2015)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.