Write for me a sample judgment Using the facts below, do not include other facts which are not there but follow the exact format in the second lane, write for me a judgment and put the elements of the offence on each paragraph with the facts in the first lane, and in the format of a sample judgment that will be on the second lane but using the real facts of the first lane. First lane facts. THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KASESE CRIMINAL COURT SESSION NO. HIIMA -CRB-643/2025 KASESE-00-CR-AA-005/25 KASESE-CO-003/2025 UGANDA;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; PROSECUTER VERSUS MASEREKA MUGISHA RABSON;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; ACCUSED AGGRAVATED DEFILEMENT CONTRARY To SECTION 116(3) (4) (a) & (b) OF THE PENAL CODE ACT CAP128 PARTICULARS OF OFFENCE MASEREKA MUGISHA RABSON on the 2nd day of January 2022 at Kamabale village in the Kasese District being infected with HIV/AIDS performed a sexual Act with BIIRA SHAMIM a girl aged 13 years. SUMMARY OF THE CASE (Under S.168 M.C.A Cap 16) The Director of Public Prosecutions shall adduce evidence at the trial before the Judge of the High Court of Uganda to prove the following: That on the 2nd day of January 2022 at Kamabale village in the Kasese District, the accused (MASEREKA MUGISHA RABSON) being HIV positive performed a sexual act with the victim (BIIRA SHAMIM)a girl aged 13years. That on that same day, the victim and her friends, Nerveless, Jolly and Kamara, went to the Maliba Town Council to watch a football match. After the match, the accused grabbed her and for her friend Kamara, then boarded a boda boda with both of them and took them to Katebe at his Parent’s home. That while there, the victim and her friend were locked in separate rooms. That the accused then went to victim’s room and forcefully sexual intercourse with her. That the next day, on 3nd/01/2024, the victims friend was left to go home, but the victim remained determined by the accused at his parent’s home. Upon Kamara reaching home. She informed the victim father’s one ISEMBUTHO JOHNSON about what had happened to them. The victim’s father also informed the law authorities who went together and rescued the victim from the accused home. That the accused realizing that the victim has been picked him from his home, he went into hiding until 21 dy of December 2024, when he was arrested. That the victim was examined on PE3A and she was found with a raptured hymen. That the accused was also amend PE24A and was found to be normal mental state, HIV Positive, and at apparent age of 21 yeas. That prosecution shall rely on the following evidence; a. Victim’s immunization card b. PF3A in respect of the victim C. PF24A in respect of the accused person. Follow this format below but with the information above. THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT SOROTI CRIMINAL SESSION CASE NO. 0064 OF 2021 UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR VERSUS OKELLO JONATHAN ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED Before: Hon. Justice Boniface Wamala JUDGMENT Introduction [1] The accused person is indicted of Aggravated Defilement c/s 129 (3) and 4(b) of the Penal Code Act [now Section 116 (3) & (4) (b)] of the PCA Cap 128. It is alleged that the accused person in the month of August 2019 at Onyal A village, Aperikira parish, Aperikira sub-county in Kaberamaido District performed an unlawful sexual act with Anuso Catherine, a girl aged 17 years well knowing he was HIV Positive. The accused person pleaded not guilty to the offence and the case proceeded for hearing. Representation [2] At the hearing, the state was represented by Ms. Rebecca Namitala from the Office of the Director of Public Prosecutions (ODPP) while the accused was represented by Mr. Olobo James Felix and Mr. Justine Okwalinga, counsel on state brief. The assessors in this case were Mr. Erwaku Lawrence and Ms. Acheko Proscovia. Neither the accused, his lawyers nor the state objected to the assessors’ appointment. The Burden and Standard of Proof [3] In criminal cases, an accused person is presumed innocent until proven guilty or until he or she pleads guilty; as provided for under Article 28(3)(a) of the Constitution of the Republic of Uganda. As such, the burden of proving each and every ingredient of an offence is always on the prosecution and never shifts onto the accused. See: Woolmimgton v DPP [1935] AC 462. The accused person is only convicted on the strength of the prosecution case and not because of weaknesses in his defence. See: Ssekitoleko v Uganda (1967) EA 531. Each essential ingredient of the alleged offence must be proved beyond reasonable doubt. However, proof beyond reasonable does not mean proof beyond a shadow of doubt. The standard is satisfied once any evidence suggesting the innocence of the accused person, at its best, only creates a mere fanciful possibility but not any probability that the accused is innocent. See: Miller v Minister for Pensions [ 1947] 2 ALLER 372. The evidence in this case [4] The state and defence signed a memorandum of agreed matters wherein the following documents were agreed upon, namely; a) The victim’s medical examination report (PF3A); b) The accused’s medical examination report (PF24A); c) The victim’s short birth certificate; and d) The laboratory request form for the accused. [5] The memorandum of agreed matters was tendered and admitted in evidence in accordance with section 67 of the Trial on Indictments Act Cap 25. The agreed documents were admitted in evidence and marked as PE1, PE2, PE3 and PE4 respectively. The witnesses [6] The prosecution led evidence of two witnesses while the defense led evidence of one witness, the accused person. PW1 was Anuso Catherine, a female adult aged 22 years at the time of testifying, resident of Onyal village, Aperikira Parish and Sub County, in Kaberamaido District. She stated that in 2019, she was 16 years, studying in primary six at Okapel Primary school. She testified that the accused was her lover; who asked for a love affair while she was at school. The first day he asked for love, she did not reply. He returned after a week and gave her UGX 10,000/= which she took. After two weeks, he found her at a well and persisted with his request for a love affair. She asked the accused about the fact that he was staying with her Aunt as husband and wife; and he responded that she should not worry and should just accept him. The victim stated that at their home, she was staying alone in her house and her mother and other siblings were staying in another house. [7] The victim stated that on one day, the accused came, entered her house and had unprotected sexual intercourse with her. He told her to go and pick money from him the next day which she did not. Three days later, he returned and had sexual intercourse with her again. On this occasion, her mother came and called her at about 10:00 pm asking for light (a torch). She delayed to open her door since she was still dressing up. When she opened the door, her mother went in, checked the bed and did not see anyone. The mother then saw the accused person standing at the door side. The victim ran out to a friend’s home. On the next day, the victim went to the home of the accused’s friend in Okapel village where the accused found her and took her to his relative in Angai village where they stayed for about a week. After the week, the accused gave her UGX 20,000/= for transport back to Kaberamaido. As she moved around Owerai trading centre, someone who knew her saw her and called her people. She was picked and taken to Aperikira police post. She was taken for medical examination where she was found to be HIV negative. She was given some drugs to prevent HIV infection. After taking the drugs, she was tested again and was still found HIV negative. At the time of testifying, she was married with two children. [8] PW2 was Alamo Sarah, a female adult aged 46 years, peasant farmer, resident of Onyal A village, Kapel Parish, Kapel Sub County in Kaberamaido District and biological mother to the victim. She stated that the accused person was married to her sister, Acen Immaculate. In August 2019, her daughter was 16 years. On 10/08/ 2019, at around 10:00 pm, she went to pick her light (a torch) from the victim’s house but when she called the victim, she remained silent yet she (PW2) heard some noise inside the room. When PW2 looked through under the door, she saw the accused and the victim coming from the bed naked and they started dressing up. After some time, the victim opened the door, switched off the light and took off. PW2 switched on the torch, flashed the light and saw the accused standing behind the door. The accused only had his trouser on and was holding the other clothes on his chest. PW2 recognized him and started crying while mentioning his name saying “why have you killed my daughter?”. This was because the accused was staying with PW2’s sister and were on ARVs which they were getting from Kaberamaido Hospital. The accused then got PW2 by the throat and threw her down. PW2 made an alarm but no one responded. She went and reported to the LC1 Chairperson. The following morning, the matter was reported to Aperikira police post where PW2 made her statement. The victim returned after a week, she was taken for examination at Kaberamaido Health Centre IV and was given a PEP drug. PW2 stated that she had a prior grudge with the accused which had been resolved. The cause of the misunderstanding was that when PW2’s husband died, the accused was the first person to ask for a love affair with her, over which he persisted for some time but PW2 refused since the accused was staying with her sister. [9] In defence, the accused (DW1), stated that he was 36 years, a res

THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KASESE CRIMINAL COURT SESSION NO. HIIMA-CRB-643/2025 KASESE-00-CR-AA-005/25 KASESE-CO-003/2025 UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR VERSUS MASEREKA MUGISHA RABSON ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED Before: Hon. Justice Boniface Wamala JUDGMENT Introduction [1] The