THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA CRIMINAL SESSION CASE NO. 146 OF 2001 UGANDA VERSUS PETER MATOVU Before The Hon, Mr. Justice E. S. Lugayizi JUDGMENT The accused was indicted for defilement contrary to section 123 (l) of the Penal Code Act, The particulars of the indictment read as follows. “Matovu Peter on the 18th day of July 2001, at Kyebando-Kisenyi Zone in the Kampala District, unlawfully had carnal knowledge of NAMPA SARAH a girl under the age of 18 years.” The accused denied the indictment. The prosecution called four witnesse5 in support of its case against the accused. Those witnesses were Dr. Kalyemenya (PWI), Dr. Nsereko Mukasa (PW2). Sarah Nampa (PW3) and Yerina Nakyejwe (PW4). The accused gave evidence on oath and did not call witnesses, In simple terms the prosecution case was as follows. On 18th July 2001 Sarah Nampa escorted her aunt who boarded a taxi to Kalerwe. This happened at around 7.00 p.m. At this point, the accused appeared on the scene and persuaded Sarah to visit his home at Kyebando. The two set off. On arrival at the accused person’s home they entered the house and had sexual intercourse. Later on, Sarah returned home and revealed to her mother what had transpired between her and the accused, Sarah’s mother reported the matter to the police, which soon after arrested the