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THE REPUBLIC OF UGANDA
IN-THE HIGH COURT OF UGANDA AT-FORT PORTAL
-- HCT-01-CR-SC-0088 - 2010 ~.

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UGANDA ............................................................ PROSECUTOR
VERSUS
KAGORO DEO ......................................................... ACCUSED

JUDGMENT

The accused person stand indicted for Aggravated Defilement Contrary to Section
129 (3) and ( 4) (a) of the Penal Code Act. It is alleged that he on the 18/12/2009 at
Kanyamukale village in Kabarole District performed a sexual act with Mukikuru Asia,
(victim) when she was 2 1h years (two and half years only).

The accused on his part gave evidence on oath and denied the offence. He set up a
defence of alibi and raised · alibi a possibility of a grudge with victim's mother who
wanted to cheat him of his UGX 240,000/= which he had kept with her.

The burden of proof is upon the prosecution to prove the case against the accused
person, who has no duty to prove himself innocent. The standard of proof is very
high. It is beyond reasonable doubt.

The ingredients of Aggravated Defilement are as follows:a) The victim must have been below the age of 14 years at the time.
b) She must have experienced an act of sexual intercourse, penetrative in
nature.
c) The accused person must have been the defiler of the victim.