[2002] UGHC 113

[2002] UGHC 113

The prosecution failed to call any witnesses or adduce any evidence after the complainant lost interest in the case. The only material before the court was the indictment, which the accused denied. In the absence of any evidence from the prosecution, there was no prima facie case established against the accused. According to Section 71(1) of the Trial on Indictments Decree, the accused cannot be required to make a defence where no evidence has been presented. The court therefore found the accused not guilty of the charge of defilement and acquitted him accordingly.

Citation
[2002] UGHC 113
Parties
Applicant: Uganda; Defendant: Omoding Moses
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
20 June 2002
Case Number
Crim. Case No.57 of 2000
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Outcome
acquittal
Legal Topics
Defilement, No Case to Answer, Burden of Proof
Source Language
English
Criminal Law Defilement No Case to Answer Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Uganda

Applicant

Omoding Moses

Defendant

Procedural Posture

Criminal Trial / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case requiring the accused to make a defence.
  2. 2 Whether the accused should be acquitted for lack of evidence.

Ratio Decidendi

The prosecution failed to call any witnesses or adduce any evidence after the complainant lost interest in the case. The only material before the court was the indictment, which the accused denied. In the absence of any evidence from the prosecution, there was no prima facie case established against the accused. According to Section 71(1) of the Trial on Indictments Decree, the accused cannot be required to make a defence where no evidence has been presented. The court therefore found the accused not guilty of the charge of defilement and acquitted him accordingly.

Court Disposition

acquittal

Orders

  • The accused is acquitted of the charge of defilement c/s 123(1) PCA.
  • The accused is discharged and set at liberty unless held on other lawful charges.