THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
HOLDEN AT MBALE
HCT-04-CR-SC-0074-2013
UGANDA.……………………………………….……………………PROSECUTOR
VERSUS
A.1 OLOWO KAMALI
A.2 OWERE JACOB
A.3 ABDALAH YUSUF
A.4 OWOR CHARLES ALIAS KULAWAYA ………….……………….ACCUSED

BEFORE: THE HON. MR. JUSTICE STEPHEN MUSOTA
JUDGMENT
A juvenile offender Olowo Kamali together with adult offenders to wit A.2
Owere Jacob, A.3 Abdallah Yusuf and A.4 Owor Charles alias Kulawaya are
jointly indicted for aggravated defilement c/s 129 (3) and (4) of the Penal Code
Act.
Prosecution alleges that the accused persons together with one at large on 28th
September 2012 at Nagongera Town Council in Tororo District performed a sexual
act with Nyapendi Teddy a girl aged 13 years.
All the accused persons denied the indictment.
In criminal trials, it is the duty of the prosecution to adduce sufficient evidence to
prove the offence against the prisoner beyond any reasonable doubt. This burden
rests onto the prosecution throughout the trial.
In a bid to execute its duty prosecution called in evidence five witnesses. The
accused persons were the only defence witnesses. A.1 and A.2 denied the offence,
A.3 and A.4 denied the offence and each pleaded a defence of alibi.
To prove the offence of aggravated defilement, prosecution has to prove the
following ingredients.
1. That the complainant, in this case Nyapendi Teddy was a girl aged below
14 years at the time of offence.

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