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. AGGRAVATED DEFILEMENT AGGRAVATED DEFILEMENT CONTRARY TO SECTION 116(3) (4) (a) OF THE PENAL CODE ACT CAP128 PARTICULARS OF OFFENCE KATHEMBO WEZU on the 30TH day of May, 2025, at Kambukamabwe 11 Cell, Mpondwe Lhubiriha Town Council, in Kasese District unlawfully, performed a sexual act with MABIIRA JOYCE Alia MUHINDO FAITH a girl aged 10 (Ten) 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 30th day of May 2025 at around 1600hrs at Kambukamabwe 11 Cell,Mpondwe Lhubiriha Town Council, in Kasese District, the accused (KATHEMBO WEZU) unlawfully performed a sexual act with MABIIRA JOYCE Alias MUHINDO FAITH a girl aged 10 (Ten) years. That on the said date and time, the victim was with her siblings MUMBERE PROMISE and MBUSA FESTO, the accused came looking for the victim since they are neighbors. That the accused then called the victim while holding a hoe in his hands and instructed her to take it to his house since they are neighbors. That the victim accepted to do the same, and immediately, the accused chased the victim’s siblings to go away. That the accused then followed the victim inside his house with a dried cassava stick. That he then ordered the victim to remove her nicker and that if she refused, he was going to cane her using the said stick. That the victim out of fear then removed the nicker and accused, also removed his trouser and ordered her to lay on the sofa seat in the sitting with her room and immediately, he forcefully started performing sexual intercourse That after that, the accused then left, and the victim also went back home. That due to a lot of pain in her private parts, the victim then narrated to her mother a one KABUGHO DEBORAH on what exactly had happened to her and she immediately checked her private of which she observed injuries therein. That matter was reported at police which caused the arrest of the accused person. That the victim was examined on PF3A and was found to have an inflamed vulva. That the accused person was also examined on PF24A and was found to be in a normal mental state and of an apparent age of 23 years. That prosecution shall rely on the following evidence; a) PF3A of the victim b) PF24A of the accused person Follow this format below but with the information above. Resolution by the Court That the victim was below 18 years of age [14] In this case, the victim (PW1) stated that in August 2019, she was aged 16 years, studying in primary six at Okapel Primary School. Her mother (PW2) stated that her daughter was 16 years old in August 2019. The short birth certificate of the victim (PE3) indicated that the victim was born on 30/7/2003; which made her 16 years in August 2019. In the medical examination report of the victim (PE1), the victim’s age was estimated to be 16 years. These matters were not contested by the defence. Prosecution has therefore proved this element of the offence beyond reasonable doubt. That the offender was infected with HIV [15] Prosecution led evidence of the accused’s medical examination report (PE2) and the Laboratory Request Form (PE4) which showed that the accused, upon examination, was found to be HIV positive. That a sexual act was performed on the victim [16] A sexual act means (a) penetration of the vagina, mouth or anus of one person by a sexual organ of another person, however slight; or (b) the unlawful use of any object or organ by a person on another person’s sexual organ. Sexual organ means a vagina or a penis. Note that a sexual act does not necessarily have to be sexual intercourse. In the present case, the victim (PW1) narrated to court that she had sexual intercourse with the accused on two occasions including the 18/08/ 2019 when her mother came to her house and found the accused person standing at the door side. The victim’s medical examination report (PE1) showed that the victim’s genitals had a foul smell with visible white material probably semen on the perineum (in females, it is the area of the body between the anus and the vulva). That it is the accused who performed the sexual act on the victim [17] In order to prove the participation of an accused person in the commission of an alleged offence, the prosecution has to adduce evidence which places the accused person at the scene of the crime or that discloses him/her as the perpetrator of the alleged crime. The evidence may be direct or circumstantial. On the evidence before me, the victim (PW1) narrated to the Court the time taken by the accused person to entice her to fall into a love affair with him while on her way to or from school. The victim testified that the accused person eventually went to her house and had sexual intercourse with her. Three days later, the accused returned to her house and still had sexual intercourse with her. It was on this occasion that the victim’s mother found the accused in the house. [18] The victim’s mother (PW2) stated that when she went to the victim’s house and knocked, before the victim opened, she peeped through underneath the door and saw the accused person and the victim coming from the bed naked. When the door was opened, PW2 flashed a torch and saw the accused standing at the door side, with only his trouser on and holding the other clothes on his chest. Prosecution evidence showed that the accused was well known to both the victim and her mother, as a person who was cohabiting with PW2’s sister.

Resolution by the Court That the victim was below 18 years of age [14] In this case, the victim (PW1) MABIIRA JOYCE Alias MUHINDO FAITH stated that she was aged 10 (Ten) years on the 30th day of May 2025. Her mother KABUGHO DEBORAH (PW2) confirmed the victim's age upon checking her after the incident and observing injuries consistent with a young child. The medical examination report of the victim (PE1 - PF3A) was tendered, showing findings consistent with a child of tender age. These matters were not contested by the defence. Prosecution has therefore proved this element of the offence beyond reasonable doubt. That a sexual act was performed on the victim [15] A sexual act means (a) penetration of the vagina, mouth or anus of one person by a sexual organ of another person, however slight; or (b) the unlawful use of any object or organ by a person on another person’s sexual organ. Sexual organ means a vagina or a penis. Note that a sexual act does not necessarily have to be sexual intercourse. In the present case, the victim (PW1) narrated to court that on the 30th day of May 2025 at around 1600hrs at Kambukamabwe 11 Cell, Mpondwe Lhubiriha Town Council, in Kasese District, the accused called her while holding a hoe and instructed her to take it to his house. The accused chased her siblings MUMBERE PROMISE and MBUSA FESTO away, followed her inside his house holding a dried cassava stick, ordered her to remove her knickers threatening to cane her if she refused, removed his trousers, ordered her to lie on the sofa seat in the sitting room, and forcefully performed sexual intercourse on her. The victim experienced a lot of pain in her private parts and narrated the incident to her mother (PW2), who observed injuries in her private parts. The victim’s medical examination report (PE1 - PF3A) showed that she had an inflamed vulva. That it is the accused who performed the sexual act on the victim [16] In order to prove the participation of an accused person in the commission of an alleged offence, the prosecution has to adduce evidence which places the accused person at the scene of the crime or that discloses him/her as the perpetrator of the alleged crime. The evidence may be direct or circumstantial. On the evidence before me, the victim (PW1) identified the accused KATHEMBO WEZU as her neighbour who approached her with her siblings on the material day at around 1600hrs, called her holding a hoe, instructed her to take it to his house, chased her siblings away, followed her inside with a dried cassava stick, threatened her, and forcefully performed sexual intercourse with her on the sofa seat. [17] The victim’s mother (PW2) KABUGHO DEBORAH stated that the victim narrated the ordeal to her due to pain, and upon checking, observed injuries in her private parts. The matter was reported to police leading to the arrest of the accused. Prosecution evidence showed that the accused was well known to the victim as a neighbour. The accused was examined on PF24A (PE2) and found to be in a normal mental state and of an apparent age of 23 years.