THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CASE NO. HCT-00-CR-SC-0119 OF 2001
UGANDA :::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
ASIIMWE CHRISTOPHER ::::::::::::::::::::::::: ACCUSED
BEFORE: HON. MR. JUSTICE J.B.A. KATUTSI:
JUDGMENT:
The accused at the bar is indicted for rape contrary to section 117 and punishable under section 118 of the Penal code Act.
It is alleged that on the first day of July, 2000 at Bwaise III Kawala Road in Kampala District had sexual intercourse with Nansamba Harriet without her consent.
Nansamba Harriet is a spinster of 25 years of age. She testified that on 1/7/2000 at about 2 a.m. as she returned home from work – she is a bar attendant – a man came from behind, grabbed her arm and pulled her towards the charcoal stalls. He then proceeded to undress her after which he sexually ravished her. She struggled with the man while raising an alarm and in the process bit one of his fingers as he tried to gag her. On hearing people approaching he released her and fled the scene. Some L.D.U. Personnel found her at the scene and she told them of what had befallen her. The