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ju //frfi A r' ' . . .. ft APPELLATE JURISDICTION 'HIGH COURT CRIMINLL APPEAL NO. 308 OF 1974 . ORIGINAL CRIMINAL CASE NO. 60 OF 1974. OF THE DISTRICT COURT OF ROO DISTRICT AT IVKCUIJ • Before:.— N. MAKERO, Esq, .ISTRIOT MAGISTRATE • . SYLVESTER JOSEPH APELLANT • (Original Accused•) Versus * •THEREPUBLIC .......... ... RES1D0JDENT • . . (Original Prosecutor) J'tJDGTE.NT ..Jonathan, J. .• .. • . The appellant .was.convicted ofiape, c/s 130 of the Penal Code. •Hewas sentenced to 5.,years' imprisonment and ordered to pay.th complai,nant compensation in the sum of shs. 300/=. •' '. . • . The complainant (P;WsI),.aged abóut18 yeaI, is the y'ounger sister. of the .wifa of the appellant. 4cording to her, • at about nQon of the' thterial dar the appellant approached her at her house'. She was alone, apart 'frbm a young child of the appellant. . The appellant, she' alleged, got hold, of her and attempted to fell her to the ground. This she says she • , . suceessful.ly resisted, wh'ereipon he forced her fe bed, inside her mother's house.: •Tere, she added, be had cà'nál ,kowl,edge of her. 'She raised,an'alarm'but no bne came, apparently becaie it was raining, as confirmoñ y P.W.2, her •,: paternal uncle, to whoth she sms'to havo imme,diatel' lodged her complaint. P.W.2 in turn took her to the teñ—house—l1.leader and on the next day the 'matter was rferred.o the Police4 arising from wh,ch report P.W.3 gave the cowplinant Police Form3 for medical examination and report.. 'The 'do'ótor' S report is clear that there had been a recent sexul •intercorse with the complainant'.. This would appear tQ have beenassociated with, or facilitated by, 'vidence. Fox',. not only does the report show the vaginal wall had been' bruised, but it also shows the complainant as 'having sustained bruises on. the, right elbow, left knee and left side, of the neck.. As • .addiional, proof' the underdresC she was w'ea'iing was found to have been torn. • • .' ' •' " •• The appellant in his evidence denied going to te house of the complainant on the Qateri'al day, let a'one committing the offence. •..,.....4..,.,....;/ Accounting f or the allegation of the complainant he said there had been a. grudge after shehad Eiven him some money to buy her'elothes but he had failed either to buy them or to return the money. There can be no doubt on the evidence that someone had carnal knoWledge of the complainant, and the dispute lies -in whether that person was the -appellant andif so, whether the complainant consented to the sexual intercourse. The learned district magistrate in his judgment Ceems to have fully appreciated that, apart from the complainant there was no other person who witnessed the incident and there was, therefore, no evidence to corroborate her account. He was, however satisfied that she was a witness of truth and on her account alone he convicted the appellant. At the hearing of this appeal Mr. Osinde, the .learned state attoriy, was under the impression that a conviction for the offence of rape cannot stand unless the complainant's evidence is corroborated, notvithstanding that the magistrate shall have adverted tothe daiger.of convicting on the evidence of single witness. This is not the position.eithdr in law or in praCtice. In Chila and anpther V. Republic, (1967) E.A. 722 the Court of Appeal held, inter alia, to the effect that in a case as this the trial court has a duty to warn itself of the danger of acting on the uncorroborated evidence of the complainant. However, the courthaving so warned itself, it may convict if it is satisfied her account is truthful. In the present case, the trial court seems to have found her. evidence to be truthful. The appellant and the complainant were closely related by marriage, and the complainant !whcn she accused the appellant must have ,iealised such accusation would resultin embarrassment and scandal. That she should have braved these out can only suggest that she was telling the truth .whenshe named the appellant. The grudge the appellant alleged the complainant bore against him was not put to the lattet as "she was giving her evidence.and it would appear to have been an after-thought, Be that as it may, it could not possibli have been a • sufficient cause for the complainant to make such a' Ccaidalous and emb'arrassinr allegation, the ultimate effect of which, it may be noted, was to erode considerably the • marriage relationship th'e-t existed. It was inconceivable • undr the circumdtances that she would have •picked on the appellant if he -was not the person who had sexually known • her.• As for consent, it is clear there was none. Her reporting, to her uncle at once, the injuries found on her and the fact that her under-dress was torn these would appear consistent only with there having been no consent. am satisfied, therefore, that the appellant was-properly convicted. ' ..••• ot • • •4 • .,/ 3 i. It 1 The sentence would appear s?vere. The trial court . 4 noted, however, that the offence had been much on the increase in that ara, and that some inquest bases held befoe that court had shon the deceased persons to have. been the victims f rape by people who could not be brought to book. In view of such observations I would not be entitled to interfere with the sentence, aid as it requires to be confirmed by this court, it is hereby I confirmed, as is the ordei for compensation. # In the result, the appeal is dismissed in its entirety. 2 . . (P. M. JONATHAN) . JUDGE. *