The issue which a
then, is whether PWS had the presence of mind to
identify the a
in conditions
participation ofanyone
.
-
-·
were described and to ru
out the
se in the defilement .
--
Since conditions appear to have been dark, on account of a closed window
--
n
incid~t}t o~~LJ)T~d_,_~Jtbq~gb
room
_a_bQlJ:t
the morning, the court will narrowly examine the
ascertain whet
---------·--·················
9m__Ln
PWS
her identification evidence is reliable and if she was
truthful.
In the case of John Katuramu vs Uganda, Criminal Appeal No 2
1998.the
thus on this point; "The legal position is
Supreme Court of Uganda,
that the court can convict on the basis of evidence
a single identifying
witness alone. However, the court should always warn itself of the danger
·of possibility of mistaken identity in such a case".
The court did warn the Assessors, just as it now cautions
i~self,
on the
dangers of mistaken identification. The court will accordingly look for
corroboration in the identification evidence pointing to the
that it was
the accused and no other that committed the offence.
On this point, the court notes that PWS had seen and
day and particularly before
day. It is a
proceeded
lked to the accused
at about 11 am that
quite evident that the accused knew that PWS was sleeping in
her f;randmother's room as he had just given her some medicine to
her ailment and advised her
of PWS, when
go and
The court accepts the evidence
that she heard and recognized the accused'
the accused was outside the room
voice, whi
was in, as he ordered,
her younger brother, Lorraine to stay outside the house
before he
for
immedi~tely
unched his attack.
nally,
immediately
that PWS was ab
the incident,
to· call and summon Lorrai
go and call her
11
ndmother for help, is
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