Evidence Law

Uganda v Oumo & Anor (CRIMINAL SESSION CASE NO. 159 OF 1994) [1994] UGHCCRD 38 (16 September 1994);


Search Summary: 

The accused persons were charged with the rape of their victim on gun point and robbing her of her possessions thereafter. The two accused persons voluntarily made charge and caution statements where they admitted to having sexual intercourse with the victim without her consent and robbing her of some of her items. The defence never raised an objection to this and there was no trial within a trial but the accused persons later claimed that the charge and caution statements were made after torture.

Headnote and Holding: 

Court relied on the testimony of a single witness, the victim as there was sufficient light and the victim took considerable time in the company of the accused persons. The accused persons also agreed to having been together at the time of the offence.

On the issue of recent possession, court held that both the accused failed to account for the property found in their possession. That in the premise, the accused persons were either robbers or guilty receivers knowing that the property in their possession was stolen.


On the issue of the extra judicial statements, the defence did not retract their confessions during the trial. That there is no better witness than an accused person who voluntarily narrates the truth of the wrong he had done.


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