The accused Athocon Nereo is indicted for defilement c/s 123 (1) of the Penal Code Act. The particulars of the offence allege that the accused on or about 31st day of August, 1992 at Kigumba Trading Centre in Masindi District unlawfully had sexual intercourse with one Justin Mono, a girl under the age of l8 years.
The prosecution called six (6) witnesses. These are Justin Mono (PW1) angelin Acen (PW2) Man Nganuta (Pw3) No.19272 O/c Opuyi 1. (PW4) No. 1641 P/c (PW5) and Luuka Okaro (PW6) accused gave un unsworn statement. No other defence witness testified.
Briefly the prosecution case is that in the afternoon of 3l/8/l992, P3, the mother of the complainant (PU1) Sent Pw1 to a Grinding Mill in Kigumba Trading Centre to grind wheat for chapatti. PW1 found 5 or 7 other persons at the mill which delayed here after about an hour she went to the home of PW2 to drink water. She was a friend of Grace Daughter of PW2 with who she had been at school. PW2 returned home from some journey and found Pw1 and her children at home. This was about 3.00 p.m. Soon the accused and another person whom Pw2 described as being drunk appeared. The two addressed Pw1 in presence of pw2 thus ‘we should carry this girl’. The two grabbed Pw1and each held her by the hand and pulled her away as pw1 was crying saying “leave me, leave me alone”. Pw2 told the two men to leave the girl. They ignored as they pulled pw1 away towards