November 2009. He found her to be aged 60 years and she had signs of force
having been used to have sex with her because the labia and vagina had bleeding









Jears. Her body was soiled with lone soil. She had generalized tenderr.;:;ss and
estimated tO have been inflicted.6 · ·11rs

.jsions on the elbow. The injuries ·V.1.:.
before examination.

No sexually transmitted diseases were detected. The physical appearance· of the
victim suggested she had been severely tortured physically and psychologically.
PF.3 was tendered as prosecution exhibit P.I and comprised PvV.I.

PW.2 was Natakwa Dafine the complainant. In a firm and steady manner she
~arrated her ordeal as follows.


On lOth November 2009 she and her husband

Stephen Mujeza got up early in the morning to go and work in Butandiga Kitende
village. She set off early and left her husband tethering cattle. She reached their
garden and started digging. She then saw somebody come towards her welding a
panga. She turned with her hoe and the assailant cut the hoe handle three times.
She made an alarm asking "why do you want to kill me?" That when the assailant
vv-hom she identified as the accused person cut the hoe the 4th time it dropped from
her hands. That he embarked on struggling with her and threw her down. Then he
t01d her he wanted to have sex with her. That she refused prompting the attacker to
. her chest. He held her by

tightly, tore and removed

t' ·

and started having sex with her while she was almost in a coma. PW.2 continued
to testify that she could not breathe properly. After raping her, the accused left her
and she started breathing properly. Ihat he told her rudely to pick her hoe and go
while standing holding his panga. He warned PW.2 not to make any noise and he
left with her knickers. PW.2 started crying and started going home. The accused
bypassed her and while infront he again threatened her and shouted at her asking

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