THE RE PUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MASAKA

CRIMINAL SESSION CASE NO. 442 OF 1996

UGANDA PROSECUTION

VERSUS

KALAWUDIO WAMALA ACCUSED

BEFORE: THE HONOURABLE MR. JUSTICE FMS EGONDA-NTENDE.

JUDGEMENT

1. The accused, Kalawudio Wamala, is indicted of the offence of rape contrary to sections 117 and 118 of the Penal Code Act. It is alleged that on the 11^th September 1994 at Luyiiyi village in Masaka District the accused had unlawful carnal knowledge of J.A. without her consent. The accused denied the charge.

2. The case for the prosecution is to the effect that J.A., on the night in question, at about 9.00 p.m. was walking home from Kyamukama. Along the way she met Kalawudio standing near the plantation of Kasumba. Kalawudio asked for sexual intercourse. J. replied that he should not ask for sex when “slim” was so rampant all over the world. Kalawudio swore by his mother’s name that for sure he would have sex with her. J. ran and Kalawudio gave the chase. Just before