..-~
.
22_
5
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We are also satisfied like the trial judge was that the victim
was telling the truth that the appellant, on gun point, raped
her.
10
The evidence on record supports the finding of The trial
judge that the victim reported to her mother in law
immediately after she was raped but her mother in law
withheld this information and told lies to save her only son.
15
We
can
not
fault
the
trial
judge
when
he
found
corroboration of the victim's testimony and that penetration
was proved. Grounds 1 and 2 would therefore fail.
On sentence our Constitution states that the power belongs
20
to the people of Uganda. The elected representatives of the
people who enact laws for this country (Members of
Parliament) in the name of the people of Uganda enacted
that the maximum sentence for rape should be death. Like
the learned Assistant DPP submitted, the appellant was
25
entrusted with the gun which was bought by the people of
Uganda to enable the appellant guard them. Instead he
abused with impunity the trust put in him of protecting the
public.
If the death penalty was intended to terminate a
dangerous person like the appellant from society, then
30
where the court is reluctant to impose the maximum
sentence to a young offender like the appellant, it must
however impose such an appropriate custodial sentence so
as to ensure that the society will be in peace for a
reasonably long period of time. We are persuaded by the
6