The Court of Appeal has acquitted a man who had already served six years of a 27-year and 11-day sentence for aggravated defilement of a four-year-old girl in Nakawa Division, Kampala.
The criminal appeal no. 0233 of 2023 arose from a High court decision delivered by justice Jane Frances Abodo on November 8, 2019, which convicted William Jjuko.
Jjuko challenged the High court ruling on three grounds: that there was no proof that a sexual act had been committed, that there was insufficient evidence linking him to the offence, and that the sentence imposed was excessive.
The state was represented by chief state attorney Joseph Kyomuhendo. The Court of Appeal, presided over by justices Geoffrey Kiryabwire, Ketrah Kitariisibwa Katunguka, and Cornelia Kakooza Sabiiti, reviewed the evidence.
While the court accepted that medical evidence and the testimony of the victim’s mother confirmed that a sexual act occurred, it found the identification of Jjuko as the perpetrator unreliable.
The key witness had only briefly observed the alleged offender, had no prior familiarity with him, and was only able to identify him approximately two weeks after the incident. No identification parade or other independent evidence linked Jjuko to the crime scene.
The justices emphasised that in criminal proceedings, the prosecution bears the burden of proving the accused’s involvement beyond a reasonable doubt. They noted that where doubt exists regarding identity, the law mandates that it be resolved in favour of the accused.Â
In this case, the court found that the prosecution had failed to conclusively prove that Jjuko was the person who committed the offence, and that relying solely on the testimony of a single, inexperienced witness without corroboration created a real possibility of mistaken identity.
As a result, the Court of Appeal allowed the appeal, quashed the High court conviction, set aside the sentence, and ordered the immediate release of Jjuko.
The prosecution had alleged that on July 2, 2017, Jjuko lured the child with an offer of sweets into a nearby bush, undressed her, and defiled her. The incident was witnessed by a neighbour, 13-year-old Innocent Lutaaya, who informed his mother, and subsequently the victim’s mother. The child was taken to a clinic for medical attention, and the police were notified.Â
Medical examination indicated mild tenderness and inflammation consistent with sexual activity, while Jjuko was confirmed to be of sound mind.
When the mother arrived, she found her daughter without underwear and with fluids coming from her private parts. The child was taken to a clinic for medical attention before the matter was reported at Jinja Road police station.
Medical examination of the victim, conducted using PF 3A forms, indicated mild tenderness and inflammation of the genitals, findings consistent with sexual activity. Jjuko was also examined and confirmed to be an adult of sound mind.
Based on these findings, the High court convicted him of aggravated defilement and sentenced him to 27 years and 11 days in prison. Dissatisfied with the verdict, Jjuko, represented by senior counsel Henry Kunya, appealed to the Court of Appeal.Â
