THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KABALE
CRIMINAL SESSION CASE No. 0054 OF 2002
UGANDA :::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
-VERSUS-
TUGUMENAWE JACK ALIAS BYARA ::::::::::::::::::: ACCUSED
BEFORE: HON MR JUSTICE PAUL K. MUGAMBA
JUDGMENT:
The accused was indicted for rape, contrary to section 117 and 118 of the Penal Code Act. In all the prosecution called four witnesses namely Medius Nyabuhara (PW1), No.20054 D/CPL Etoju Sam (PW2), Niwagaba Francis (PW3) and Dr Robert Tumuhimbise (PW4). The accused was the sole witness for the defence.
Briefly the prosecution case is that on 3rd March 2000 at Kyonyo village, Mayengo Parish, Kamuganguzi Sub-county in Kabale District the prosecutrix (PW1) was returning home from a Trading Centre where she had gone to buy some salt. The time was about 6.00p.m. About ten metres away from her house PW1 met accused whom she knew well as a relative and a resident of the same village. Accused threw PW1 onto a footpath and forcefully had sexual intercourse with her.
