Uganda Vs Lubwama Patrick in The High Court of Uganda at Entebbe, Before Justice Kwesiga
The accused is indicted under Section 129(3) and 4(a) (b) and (c) of the Penal Code Act. He pleaded guilty to the charge of performing a sexual act to a minor while being a legal guardian to the victim.
Brief facts
During the month of July, 2016 at Bwebajja, Dawe LC1, Sisa Sub County, Wakiso District while being HIV positive the accused performed a sexual act with Namatovu Hadijja aged 13 years. The accused pleaded not guilty to the charge and in defense maintained that this is a fabricated case.
The prosecution needed to prove beyond reasonable doubt that the victim was a girl aged below 14 years, that the accused performed the sexual act and that the accused was the guardian or the person in authority.
The prosecution proved that the accused was the director of the school where the girl went and hence not in dispute that the accused was a person in authority or a guardian. A clinical officer examined the victim and found that the victim was sexually active and had sexual intercourse before. The hymen had been raptured longtime ago and no injuries seen on the day of alleged defilement. The appearance of the victim also confirmed that the victim was 13 years and hence below 14 years. The defense contended that the charge was fabricated and false.
Held
Even though the prosecution has proved that the victim was below 14 years and the accused was one with authority over the girl, it has not proved beyond reasonable doubt that the victim was a reliable witness and had had her hymen raptured with in the time the prosecution alleged the act had taken place. The medical evidence didn’t find any injuries on the victim’s private part and hence hard to establish whether the accused was guilty.
The accused was acquitted.
