In respect to his arrest, the accused testified that on 7/09/2006
11 am, he was a
one
at Kulusambiya by police officers in the presence of
lyejusa. In his statement he
waiting, one
the stage".
around
Baly~jusa,
the area L<:!
:
11
As I was still at the stage
ch~irpe_rson
cC,\me and . arrested me
lndeed,PW6, Balyejusa Charles, the chairperson L Cl of Namasinga vii
testified how, upon information received from PW4, he arranged for the
arrest
the accused ,at Kulusambiya trading center, as he was heading to
Kakira for work.
From the totality of
on record, the court holds that
prosecution witnesses PW4 and PWS have put the accused at the scene of
crime and that their evidence has
corroborated sufficiently to destroy
the accused's alibi.
In agreement with the
the court accordingly
accused's alibi and finds that it was the iJccused that pa
the·
pated in
unlawful sexual intercourse with PWS.
Throughout the trial, the accused did not show any emotion or remorse at
what he had done. He remained aloof, cold and stone-hearted. During
cross-examination,. he was hesitant, capricious and vacil
responses. I
the impression that he was improvising in his evidence and
was an accomplished liar. I do not find
accused to be a truthful person
and his overall demeanor quite poor. The
alone
in his
that the accused was living
the time, could have provided the temptation to act the way he
did, notwithstanding the fact that PWS was his niece.
In criminal
Is, inconsistencies in evidence
a
They can
minor
or major. Minor ones can be ignored or overlooked, unless they point to
deliberate untruthfulness. Major ones are those considered to be going
the root of the matter. They may result in evidence being rejected. In this
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