THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT THE SESSION HOLDEN AT MUBENDE
CRIMINAL SESSION CASE NO. 56 OF 2000
UGANDA. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
JOHN SEKYANZI : : : : : : : : : : : : : : : : : ::::::::::: : : : : : : : : : : : : : : : : : ACCUSED
 

BEFORE: THE HONOURABLE MR. AG. JUSTICE PAUL K. MUGAMBA
 
JUDGMENT
JOHN SEKYANZI, the accused, was indicted for the offence of defilement, contrary to section 123(1) of the Penal Code Act.

The prosecution called four witnesses to prove its case. These were: PW1 Nakabo Grace, PW2 Sunday Julius, PW3 Ruth Nantale and P.W.4 Mubiru Nsubuga.

The accused gave an unsworn statement and called no witnesses.

The facts in the prosecution case are briefly as follows. The accused was employed by one Katumba Washington as his herdsman at his home. The complainant is a daughter of the said Katumba Washington and she together with the rest of the family slept in the main house while the accused slept in a separate house within the homestead. On that night of 30^th September 1998 and 1^st October 1998 while the complainant and other members of the family slept in the main house, the accused went away in search of alcohol. In the course of the night the complainant was awakened by the pain arising from her vagina. She cried out and her mother who was in another bedroom together with a visitor came to the complainant’s bedroom to check what was amiss. There was an electric light in the room and in no time the accused was found squatting hiding behind the door in the bedroom. The accused was seen within the bedroom at that time by PW1, PW2 and PW3. He was drunk and the smell of alcohol exuded from him. Leaving the accused under guard by a Mrs. Kayongo, PW3 left for the residence of the Chairman L.C.l (PW4) in order to report the incident. She reported the matter to PW4 and the secretary for defence in the locality. Accused was later arrested at his house, having earlier escaped from the main house. He was taken to Police where he was re-arrested and charged. Upon observation of the girl, PW3 found blood flowing from