neighbor, who, lived opposite across the road. He however testified that he
usually goes to work early. He testified that he was delayed at Kulusambiya by a
flat tire of his bicycle and had stopped to repair it. He denied having returned
home on the morning of that day. The accused admitted to making a charge and
-caution~
statement before-Pw8-but denied its-contents-hence-retracting-it. -- -
The_accus_ed Jn ·effect, setup an_alibi.The word __ llAlibil/_ means llelsewhere_"a ndin
the context of his defence it would rnean that the accused pleaded that at the
occurrence of the alleged incident, he was elsewhere and thereby, rendering it
extremely improbable that
he would have participated in the crime.
The general principle of law to a defence of an alibi is that an accused who puts
;' )
forward an alibi as an answer to a criminal charge does not assume the burden of
proving it. The burden of proving his guilt, by disproving the alibi, or destroying it
remains on the prosecution throughout. (See; Sekitoleko vs. Uganda [1967] EA
531).0nce an alibi is set up it is the duty of the court to find out whether the alibi
is true or not.(See; Nyanzi Steven vs. Uganda Criminal Appeal No 16/98)
In respect to the accused's retracted statement or confession ,the position of the
law on this point, is set out in the case of Tuwamoi vs. Uganda,[1967]EA
84,where the Court of Appeal for Eastern Africa, noted thus on this point;
"A trial court should accept any confession which has been retracted or
repudiated or both retracted or repudiated with caution and must before
CJ
founding a conviction on such a confession be fully satisfied in all circumstances
of the case that the confession is true". The Court noted further that;
· "The same standard of proof is required in all cases and usually a court will only
.act on a confession, if corroborated in some material particulars by independent
evidence accepted by the court. But corroboration is not necessary in law and
the court may act on a confession alone if it is fully satisfied after considering all
the material points and surrounding circumstances ,that the confession, cannot
but, be true('.
The ingredients of the offence of defilement are:
4