of the case
defence, and
both sides and during submissions,
in my vi~w conceded t~a!r t_h~ . p_r9secution h_a_~ _p~gved
ingredients beyond reasonable doubt. The
victim
years at the
said she was 2
U'-'-·U.:>,.,,u
time of
ingredient
record.
for that, he del
her on
that the
defilement. In my
beyond
to the
held by the
mination told
himself in
victim was about 1 112 years
view
came with the
a toddler, who was always bei
cou1t. She was
Even the
of the
______ _
on the
doubt
medical evidence is the
evidence if
we were told by PWI, that the doctor who had examined the victim
r. No one knew his signature or handwriting
Dr. Mainuka, passed away last
including PWI. Hence no medical evidence could
However both
and sexual
(See the case
OYEKI
can
by other congent evidence,
VS. UGANDA, UCA CR. APPL NO. 26/99).
In this case, we have the
first answered
adduced in
of the victim's
alarm raised by PW3 and PWS,
(PW2), then PW4, who
L.CJ Chairman
All these said they examined the victim's private
there.
was
PW3 had
in the
though
when she was only 2
failure
prosecution
0
saw blood flowing from
accused defiling the victim and
saw
vagina. The child was a toddler of 2
years.
was about 5 years
heard. No reasonable person could
area.
vr•
0
rr
time the case was
her to recall
her
years old.
victim to testify
been held not to
necessarily
if there is other congent evidence implicating the
the case of PATRICK AKOL VS. UGANDA S.C.U. CR. APPL 23/92).
2
. (See