Evidence Law

Uganda v Kidega (CRIMINAL CASE No. 0191 OF 2017) [2018] UGHCCRD 196 (23 November 2018);


Search Summary: 

In this case, the accused was indicted with the offence of aggravated defilement of a 14 years old. The accused denied the accusations.

The prosecution was placed with the burden of proving all the ingredients of the offence against the accused. It thus had to prove that the victim was below 18 years of age, that she was a person with a disability, that a sexual act was performed on the victim, that it was the accused who performed it with the victim.


In proof of the victim’s age, the victim testified that she was 14 years old at the time the offence was committed. This was corroborated by evidence of the doctor who stated that the victim was about 15-16 years of age when she was brought for examination.


In proving the victim’s disability as a result of nodding disease syndrome, the testimony of the doctor who examined her showed that she was normal though shy, and on drugs for nodding syndrome.


On proof of a sexual act, the victim testified that the accused opened and entered their house, he went to where she was and had sexual intercourse with her. This was further corroborated by the medical evidence which stated that the victim’s hymen had raptured long ago.


Considering the last issue of whether it was the accused that performed the act, the victim testified that she knew the accused and was able to identify him at the time of the incident.

Headnote and Holding: 

The court considered the circumstances of the case and the mitigating factors.


The court therefore, used its discretionary powers and deduct the sentence, thereby sentencing the convict to six years imprisonment.


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