Evidence Law

Ntambala Vs Uganda (CRIMINAL APPEAL No. 34 OF 2015) [2018] UGCA 83 (18 January 2018);


Search Summary: 

The appellant was indicted for Aggravated
Defilement. He was tried by the High Court,
convicted and sentenced to 14 years
imprisonment. He appealed to the Court of
Appeal which upheld his conviction and
sentence, hence this appeal. The background is
that the appellant was expected to have had
sexual intercourse with the victim and the
circumstances of used condoms were the basis
of his conviction.

Headnote and Holding: 

The ground of appeal is that there was
improper evaluation of evidence. The court
held that it is only in the clearest of cases when
the 1st appellate court has not satisfactorily re-
evaluated the evidence that a 2nd appellate
court would interfere with the decision of the
1st appellate court. That the draconian law that
requires corroboration of evidence of the
victim in sexual offences portrays women as
liars and untruthful. That the evidence of a
victim in a sexual offence must be treated and
evaluated in the same manner as the evidence
of a victim of any other offence. As it is in
other cases, the test to be applied to such
evidence is that it must be cogent.


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