thinks
his UGX 240,000/=.
to have been
on PW2 whom she
to
on ,,.,...,....,....,,.,... -a-nd
carefu!fy considered arr
lly
witnesses
demeanors of
accused
have carefully and
that of the
. I find that, the prosecution witnesses were truthful and reliable. On
the other hand I found
accused unreliable and unbelievable. All the prosecution
witnesses, especially PW3 gave their evidence in a straight forward manner.
accused on his part was jumpy and
eye witness, told court, calmly
the victim fell
ng in
candidly
box.
on
who was the
material day while
home,
she took her to the sitting room to sleep and she went
back to the kitchen. Then
heard
cause and found the accused on top
victim crying. She went to find out the
the victim defil
her.
saw him put his
penis in her
was
12.30 p.m. during day
She
accused
reside in the same village and in PW2's home.
also acknowledged that he was
there was no possibility
Secondly PW2
that,
was also in PW2's home.
from PW2's home. In such
mistaken identity on part
used
where
PW3.
stay with them and according to PW4,
being informed by PW3, about the accused defiling the victim,
still in the
as he used
went
victim was. The accused raised a possibility
of a grudge between himself and PW2 over his UGX 240,000/= which
given
the di
given
her for
custody.
any ground
alleges to
in my considered view, how can this affect
given by PW3, who has nothing to
PW2 by the accused? PW3,
found
with the money
still a young girl of 14
and I do
legedly
see
her to frame the accused with such heinous crime. (See the case
5