THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
HCT-03-CR-SC-0137-2007
UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
MUKULU NASURU & 3 OTHERS :::::::::::::::::::::::::::: ACCUSED
BEFORE: HON. JUSTICE J.P.M TABARO
ORDER
15-1-2008
A1, Nasuru Mukulu
A2, Daniel Walube
A3, Paul S
ooma
A4 Paul Waako, all present
Mr. F. Kakooza Principal State Attorney for the
State
Ms. J. Nakakande for the defence
Court: For aneigerment on 19-1-2009
Police file not available.
J.P.M. Tabaro
Judge
15-12-2008
19-1-2009
A1, A2, A3, A4, present
Ms. C. Kwikiriza, State Attorney
for the State
Ms J. Nakakande for defence on State brief
Accused persons shall be aneighed
Plea: A1: I admit the charge. Please of Guilty recorded.
A2: Not Guilty
A3. I admit the charge. Plea of Guilty entered (N.G)
A4: Not Guilty
Court: Adjourned till 12.00 noon.
J.P.M Tabaro
Judge
Later in the afternoon
All accused persons present
Appearances as before
Facts narrated by the Prosecutor in respect of the admission of guilt by A1.
“On 25-12-2007 there was a disco dance at Lubani Trading Centre near the home of the Prosecutrix’s home. The Prosecutrix
attended the dance. At 9.00p.m the Prosecutrix decided to return home. On the way she met, group of boys among whom she recognized
A1, Nasuru Mukulu: Nasuru Mukulu with the other boys carried her into a nearby bush by force and had sexual intercourse with her
until she became unconscious. At 1.00a.m one Hasi heard the victim crying and came to her rescue. He was going home. He then carried
the Prosecutrix to her parents’ home. She was bleeding from her private parts. Subsequently the girl’s father took her
to Lubani Drugs Shop and later to Lubani Health Centre from where she was referred to Jinja hospital for further treatment. Next
the father reported the matter to Buwange Police Post. Later the accused was arrested and subsequently confessed to defiling the
Prosecutrix, hence the charge before court. Prosecutrix was medically examined by Dr. Katende and found to be aged 14 years.”
Facts put to accused.
He states: Correct
Court: Accused No.1 Nasuru Mukulu is convicted of
defilement C/S 129 (1) of the Penal
Code, that is, as
amended by Act 8 of 2007.
J.P.M Tabaro
Judge
19-1-2008
Order: Accused person is convicted of simple defilement,
that is, not aggravated as that is so the accused
shall be dealt with under the children
(Family and
Children Court) Rules, made under the Children Act
(Cap.59 Laws of Uganda), Section 94.
J.P.M. Tabaro
Judge
19-1-2009
Order: By virtue of S.6 of the Penal Code (Amendment) Act,
2007 (Act 8 of 2007), the file shall be transferred to
the Chief Magistrate’s Court Jinja. Since High
Court has unlimited jurisdiction,
the conviction
would appear to be in accordance with the law.
J.P.M. Tabaro
Judge
19-1-2009
Court:
In order to avoid delay the file shall be sent to Jinja
not later that 2-2-2009 when the matter will be
before the Chief Magistrate Jinja
for order under
S.94 of the Children Act (Cap 59 Laws of Uganda).
J.P.M. Tabaro
Judge
19-1-2009
Order: A2, A3, and A4 shall be remanded in custody till the
next
convenient session of the High Court.
J.P.M. Tabaro
Judge
19-1-2009
