removed his shorts, sat on her stomach, removed his penis and pushed it “into her”
and forced her into sex. All this happened with the assistance of Yobu. As the
accused played sex Yobu was holding her legs.
The accused held her mouth so that she could not make noise. After the accused
finished playing sex, Yobu did the same with the help of the accused. After Yobu,
the accused wanted to repeat the act but they heard noise of an approaching
motorcycle and they ran away. PW.1 crawled to the main road while crying. The
motorcycle stopped and the passenger on the motorcycle called Opolot was known
to her. He asked her what had happened to her. She narrated her ordeal to him.
She revealed that she had been raped. At that juncture the chairperson LC.I found
her narrating to Opolot what happened. When asked she told the chairperson that
she knew her assailants as the accused person, Okiring, Yobu and Eseuna. That
Eseuna did not rape her but took away her bicycle. The complainant, Opolot and
the Chairperson LC.I went to the latter’s home. Later at 2:00A.M. The matter was
reported to police at Pallisa. She was taken to Hospital by a police woman called
Acam where a doctor examined her. That the accused had never proposed to her a
love affair. She knew him casually because she used to pass through his village.
PW.2 Tukei Lawrence the LC Chairman confirmed that he met PW.1 and Opolot
Stephen together with one Oduku along Pallisa/Agule road junction. PW.1 was
narrating how she had been raped. Together they went to the LC Chairman
Apuuton II village who mobilized people to mount a search for the culprits. That
PW.1 did not mention her assailants to him.
PW.3 No.12603 D/W Sgt Acam Florence visited the scene of rape led by the
victim. She drew a sketch plan and recorded statements from witnesses including
Okodesi, and Tukeiu.
PW.4 Opolot Stephen testified that he indeed met the complainant after hearing an
alarm while he travelled on a motorcycle. The motorcycle stopped to help PW.1
who was asking for help. PW.1 told him that she had been raped but the rapists ran
away on hearing the sound of a motorcycle. She said she could recognize the
assailants if she saw them. She did not know their names. PW.4 led her to the LC.
Chairman Tukei and left her there.
PW.5 D/ASP Mugido Bruhan recorded the charge and caution statement which
was admitted in evidence after a trial within a trial. In the statement the accused
admitted to have committed the offence. The statement was admitted as Exhibit
P.2. Court found that the statement was voluntarily procured.