v ...i. .. •,·· THE REPUBLIC OF UGANDA IN-THE HIGH COURT OF UGANDA AT-FORT PORTAL -- HCT-01-CR-SC-0088 - 2010 ~. - -- - - 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.