THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDAHOLDEN AT JINJA HIGH COURT-CRIMINAL-SESSION-CASE-N0-0002-0F 2007.. UGANDA ............................••..................................................................~ .. PROSECUTOR VERSUS NGOBI PETER ..............................................................................................ACCUSED BEFORE: HON: JUSTICE BENJAMIN KABllTO. ;-- :. JUDGMENT ' '._ ) ' ···-..../' The accused, Ngobi Peter, was indicted for Defilement C/S 129(1) of the · Penal ·Code Act. It was alleged that on the ih day of September 2006, at l\lamazaala village~ in the Jinja District, the accused had unlawful sexual intercourse with, Mugala Sharon, a girl under the age of 18 year·s. The accused denied the offence. In these circumstances, all the ingredients of the offence of defilement were put in issue. The prosecution must prove ils case beyond reasonable doubt. All the ingredients of the offence must be proved to that standard. In the event of any doubt; such ~oubt rnust be resolved in favour of the accused with an acquittal. The indictment must be proved on the basis of the strength of the prosecution case and not on . the weakness of the accused's case. The brief facts of this case were as follows. On the ih day of September 2006, at around llam the victim, Mugala Sharon, (herein after referred to cas PWS) was · approached by the accused, one Ngobi Peter, her uncle, to help with some cooking.PWS did not go as she was feeling dizzy. The accused gave her a tablet and advised her to go and sleep.PWS proceeded to her grandmother's ·room, where she slept on a bed. Moments thereafter, PWS, heard the accused, order and chase her younger brother, one Lorraine to go away and play outside. 1

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