of FRANCIS NYOMBI VS. UGANDA UCA CR. APPL NO. 19/98). I dismiss this
all~g~cLgrudge
gs a m~ce lie
even if it _existed
PW3
rect and
convening evidence implicating him in the crime. The accused had also
an
·alibi that he was
by
Ruteete - Burahya and
himself during cross-examination when
of the victim at
his
at the
found
time and he was
flight from
from
did not
but it was
he was actually in the home
by PW5.
scene soon after the incident as stated by PW3,
PW4 and PW5, corroborate his participation in the crime, as such behavior is
inconsistence with innocent behaviour (See the case of REMIGIOUS IWAMUKA
APPL 4/95).
VS UGANDA, S.C.U.
The assessors
me to find the accused guilty as the prosecution
succeeded in putting the accused at the scene of the crime. After putting everything
into consideration, I
with them I find that on the evidence before me, I am
satisfied beyond
victim on the
ingredients
doubt
the
day and I find
the
one who defiled the
the prosecution
proved all the
of Defilement with Aggravation beyond reasonable doubt.
I find him guilty Under Section 129 (3) 4 (a) of the Penal Code Act and I convict him
accordingly.
AKIIKI - KIIZA
-JU
17/03/
11
17 /03/2011AT9 P.M.
Baine for
6