Uganda v Ssegonga Musa
Uganda v Ssegonga Musa (Criminal Session 131 of 2017) [2023] UGHC 245 (11 October 2023)
The court found that PW3's oral testimony in court was materially inconsistent with his prior police statement, demonstrating a departure from his earlier position and undermining his credibility. The court, guided by Okwanga Anthony v Uganda and relevant statutory provisions, held that it has discretion to declare a witness hostile where such inconsistencies exist. The court rejected the defence's argument regarding the reading back of the police statement, noting that PW3 acknowledged and signed the statement. The court further held, following Rajesh Yadav & Anr. v State of U.P. and related…
Source excerpt
- Hostile Witness
- Witness Credibility
- Rape Trial Procedure
- Evidence Act Application