THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT MBALE HCT-04-CR-SC-0080-2008 UGANDA………………………….……………………………PROSECUTOR VERSUS OKIRING JAMES……………….…………..……………………ACCUSED BEFORE: THE HON. MR. JUSTICE MUSOTA STEPHEN JUDGMENT The accused person known by the names Okiring James is indicted together with another not arraigned for rape contrary to sections 123 and 124 of the Penal Code Act. The allegation by the prosecution is that together with another still at large on the 18thday of October 2007 at Apuuton II village, Kaboloi Parish in Pallisa District, the accused had unlawful carnal knowledge of Asio Jane without her consent. The accused pleaded not guilty to the indictment. The case for the prosecution as can be deduced from the witness testimonies was that the complainant (PW.I) Asio Jane was travelling from Pallisa Town to Katuke village. She was riding a bicycle laden with a sack of maize. Unfortunate to her, the sack of maize fell off the bicycle. At the scene of the mini-accident was the accused Okiring James and two of his colleagues one of whom was called Yobuthe other was Eseuna. The two offered to help. After that, the accused and others followed her. It would appear the accused developed ideas about the complainant. All of a sudden he held her hand backwards. Yobu kicked her legs and she fell down backwards. The accused called upon Yobu to assist because he complained PW.1 was strong. The accused 1