[1931] EACA 15

[1931] EACA 15

The court held that the evidence regarding the complaint by the prosecutrix to Mr. Younger was inadmissible because it was made six days after the event and was not presented by stating what the prosecutrix said, but rather by producing a document. However, the remaining evidence was found to support the trial judge's finding of fact and the conviction for indecent assault under section 110 of the Penal Code. The appeal was dismissed as the conviction was upheld on the basis of admissible evidence.

Citation
[1931] EACA 15
Parties
Appellant: Rwakaikara; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1931
Case Number
Cr. App. 39/1931.
Procedural Posture
Criminal Appeal / Appeal From Conviction
Outcome
appeal_dismissed
Judges
Barth, C.J (Kenya), Griffin C.J. (Uganda), Pickering, C.J. (Zanzibar)
Legal Topics
Law of Evidence, Admissibility of Complaints, Indecent Assault, Attempted Rape
Source Language
English
Criminal Law Law of Evidence Admissibility of Complaints Indecent Assault Attempted Rape

Case Brief

Summary, issues, holding and outcome

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Parties

Rwakaikara

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction

Legal Issues

  1. 1 Whether the complaint made by the prosecutrix was admissible in evidence in the manner presented.
  2. 2 Whether the conviction for indecent assault under section 110 of the Penal Code was supported by the evidence.

Ratio Decidendi

The court held that the evidence regarding the complaint by the prosecutrix to Mr. Younger was inadmissible because it was made six days after the event and was not presented by stating what the prosecutrix said, but rather by producing a document. However, the remaining evidence was found to support the trial judge's finding of fact and the conviction for indecent assault under section 110 of the Penal Code. The appeal was dismissed as the conviction was upheld on the basis of admissible evidence.

Court Disposition

appeal_dismissed

Orders

  • The appeal is dismissed.