[2002] UGHCCRD 4

The court found that the prosecution failed to establish a prima facie case against the accused for the offence of defilement under section 123(1) of the Penal Code Act. The evidence presented was insufficient to require the accused to make a defence. Accordingly, the accused was acquitted under section 71(1) of the Trial on Indictments Decree and discharged from the charge of defilement.

Citation: [2002] UGHCCRD 4
Parties: Applicant: Uganda; Defendant: Zungu Ismail
Court: HC: Criminal Division (Uganda)
Jurisdiction: Uganda
Judgment Date: 1 July 2002
Case Number: HCT-04-CR-SC-0026/2000
Procedural Posture: Criminal Law / Ruling on No Case to Answer
Outcome: acquittal
Judges: Rugadya, J
Legal Topics: Defilement, Prima Facie Case, Acquittal, Burden of Proof
Source Language: English

Criminal Law Defilement Prima Facie Case Acquittal Burden of Proof

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Parties

Uganda

Applicant

Zungu Ismail

Defendant

Procedural Posture

Criminal Law / Ruling on No Case to Answer

Legal Issues

1 Whether the prosecution established a prima facie case requiring the accused to make a defence.
2 Whether the evidence presented was sufficient to sustain a conviction for defilement under section 123(1) PCA.

Ratio Decidendi

Court Disposition

acquittal

Orders

The accused, Zungu Ismail, is acquitted of the offence of defilement C/S 123(1) PCA.
He is discharged and set free unless held on other lawful charges.