BEFORE: HON. JUSTICE V. A. R. RWAMISAZI-KAGABA
JUDGEMENT
Kyakuwa Moses, who I shall refer to as “the accused” in the rest of my judgment is Indicted for the
offence of defilement contrary to section 129(1) of the Penal Code Act. It was stated in the particulars to the charge that,
Kyakuwa Moses, on the
23rd day of May 2001 at
Kigoti village, in
Kayunga District had unlawful sexual intercourse with
Ajio Eve alias
Tazita, a girl under the age of
l8years. The accused denied the charge and was represented by
Kafuko Ntuyo while the prosecution was led by M/s
Farida Nakayiza a State Attorney.
The prosecution’s case rested on four witnesses. The accused and
Ajico Lucy, the mother of the
prosecutrix,
Ajio Eve, lived very near each other at
Kigoti village. At 5.00 p.m. on the 23/5/2001
Ajico Lucy wanted to send his daughter to the nearby shops to buy some groundnuts for her. The accused, who was at