THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBALE

HCT-04-CR-SC-0026/2000

UGANDA………………………………………………………..PROSECUTOR

                                                VERSUS

ZUNGU ISMAIL…………………………………………………ACCUSED

BEFORE HIS LORDSHIP JUSTICE RUGADYA-ATWOKI

RULING

I have listened carefully to the evidence and also submissions no case to answer. I am satisfied that a prima facie case was not made out to require the accused to make his defence. I therefore make a finding of not guilty under S.71(1) T.I.D. I therefore acquit the accused of the offence of defilement C/S 123(1) PCA. He is hereby discharged and set free and at liberty unless held on other lawful charges. I will give the reasons in a detailed ruling which I will deliver in notice.

Rugadya-Atwoki

Judge

1.7.02