It
held that
knowledge
two essential ingredients of rape are therefore carnal .
a woman or
of
out in evidence of
VVJU.•.:n..1J.J.l.,.
Both these· ingredients must
and be
the burden to prove
sexual·
any reasonable doubt
· with PW.2 without her consent.
Kerry's Outline of Criminal Law New Edition by IWC Turner Cap.8 P.151
paragraph
Nakholi v. R. [1967) EA P.338
The burden of proof
not
law this case not being one
those exceptions.
SULAlkfAN XATUSABE
- UGA1VDA ·SC.
APPEAL 7 OF 199.1
(Unreported) .
In this trial, prosecution relied on PW.2 as the
the assessors
dangers
of
must be
identifying
eliminate
fell dovvn.
a
on
n-"""'r""l'i
a
of caution to
on the Dart of
.i.:
victim PW . 2
at
witness to this offence. I
evidence is that
a panga. He
went to
the hoe 3
the
incident took 20
.
saw a man
garden
and on
her down
fourth
hoe
violently raped
he was done, the accused followed the victim
an cl
offence took place .in the
7