Uganda v Wolyamboga Stephen (Criminal Session Case No. 313 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
This is a summing up to assessors in a criminal trial for aggravated defilement. The judge directed the assessors on the law, the burden and standard of proof, the three essential ingredients of the offence, and the evaluation of evidence including identification, corroboration, and the accused's alibi defence. No verdict or final judgment was rendered in this document.
Outcome
Summing Up (No Final Verdict)
Facts
The accused was indicted for aggravated defilement of a nine-year-old girl on 20 January 2023 at Budadiri Town Council, Sironko District. The prosecution alleged that the victim, Nakusi Siina, was sent to buy pancakes at around 8:00 pm when the accused, who sold pancakes, carried her to a nearby garden, restrained her by tying her hands and legs, and performed a sexual act on her. The victim's father was informed three days later by a neighbour. When confronted, the accused allegedly fled and disappeared for two days before being arrested near River Sironko. Medical examination seven days after the incident revealed a perforated hymen, vaginal lacerations, and wounds consistent with sexual assault. The accused denied the offence, claiming he was at home with his wife that evening and had never sold pancakes or known the victim.
Issues
- Whether the victim was below 14 years of age at the time of the alleged offence.
- Whether a sexual act was performed on the victim.
- Whether it was the accused who performed the sexual act on the victim.
Legislation cited (5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.