SIMON NGOLE KATUNGA V. REPUBLIC

JUDGMENT OF THE COURT

EMD a girl aged 10 years (herein after referred to as “PW1”) was on the 18^th July, 2015 alone at home. Her mother and grandmother had gone for a pre-wedding ceremony. The appellant who used to work occasionally for EMD’s mother went to the house and inquired from PW1 where her grandmother and mother were and she volunteered the information. PW1 then proceeded to the kitchen but the appellant followed her and asked her to lie down. He then pulled down his trouser, undressed PW1 and defiled her twice. She did not raise alarm since the appellant had covered her mouth with a white piece of cloth. She neither informed anyone of the incident since the appellant had threatened to beat her up if she did.

While at school, a teacher by the name Ann noticed that she had urinated on herself and upon inquiring from her what had happened, she informed her that she had been sexually assaulted. TM, (PW2) and TMM, (PW3) mother and grandmother to PW1 respectively were then called to…