Uganda v Walusinibi Mpanga
Uganda v Walusinibi Mpanga (Criminal Session Case No. 347 / 1995) [1995] UGHC 73 (3 July 1995)
The prosecution failed to prove the essential ingredients of the offence of defilement beyond reasonable doubt. While the complainant was found to be under 18 years, her testimony regarding sexual intercourse was uncorroborated, and key witnesses who could have supported her account were not called. The complainant's mental state further undermined the reliability of her evidence. The accused raised an alibi, which was corroborated by his mother, and the prosecution did not place him at the scene of the alleged crime. In the absence of corroborative evidence and failure to disprove the alibi,…
Source excerpt
- Defilement
- Burden Of Proof
- Alibi Defence
- Corroboration
- Credibility Of Witness
- Mental Capacity