THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDAHOLDEN AT JINJA
HIGH COURT-CRIMINAL-SESSION-CASE-N0-0002-0F 2007..
UGANDA ............................••..................................................................~ .. PROSECUTOR
VERSUS
NGOBI PETER ..............................................................................................ACCUSED
BEFORE: HON: JUSTICE BENJAMIN KABllTO.
;--

:.

JUDGMENT

' '._

)

' ···-..../'

The accused, Ngobi Peter, was indicted for Defilement C/S 129(1) of the · Penal
·Code Act. It was alleged that on the

ih

day of September 2006, at l\lamazaala

village~ in the Jinja District, the accused had unlawful sexual intercourse with,

Mugala Sharon,

a girl under the age of 18 year·s.

The accused denied the offence. In these circumstances, all the ingredients of the
offence of defilement were put in issue.
The prosecution must prove ils case beyond reasonable doubt. All the ingredients
of the offence must be proved to that standard. In the event of any doubt; such
~oubt

rnust be resolved in favour of the accused with an acquittal. The indictment

must be proved on the basis of the strength of the prosecution case and not on .
the weakness of the accused's case.
The brief facts of this case were as follows. On the

ih day of September 2006,

at

around llam the victim, Mugala Sharon, (herein after referred to cas PWS) was
· approached by the accused, one Ngobi Peter, her uncle, to help with some
cooking.PWS did not go as she was feeling dizzy. The accused gave her a tablet
and advised her to go and sleep.PWS proceeded to her grandmother's ·room,
where she slept on a bed. Moments thereafter, PWS, heard the accused, order
and chase her younger brother, one Lorraine to go away and play outside.

1

Select target paragraph3