The accused was indicted for defilement contrary to section 123 (1) of the Penal Code Act, for unlawful carnal knowledge of a girl under the age of 18 years. The accused denied the indictment.
It is held that section 132 of the Evidence Act, "“Subject to the provisions of any other law in force, no particular number of witnesses shall in any case he required for the proof of any fact.” discriminates against women who are by far, the most frequent victims of sexual offences and is, therefore, inconsistent with Uganda’s international obligations under various conventions and the Constitution.
The Court is of the opinion that the prosecution succeeded in proving its case against the accused, beyond reasonable doubt. It finds that the accused is guilty of the offence of defilement contrary to section 123 (1) of the Penal Code Act.