- The victim was 11 years old.
- The Court of Appeal matained his conviction.
The Court of Appeal has reduced a 22 year jail sentence that was handed to an uncle for defiling his 11 year old cousin who was left in his care to 17 years.
Kasibante Godfrey was indicted for Aggravated Defilement on which prosecution stated that on the 3rd of October 2015 at Nakasozi village, Mpenja sub county in Gomba district, he unlawfully performed a sexual act with the victim aged 11 years.
On the 27th of April 2018, Justice Elizabeth Alidviza sitting at Mpigi High Court convicted Kasibante and sentenced him to 22 years and 6 months in prison.
Evidence shows that the victim and other children were left in his care, while the other family members attended a wedding ceremony in Mukono.
During the night,Kasibante requested the victim to sleep in his house and while she was sleeping, the appellantused the opportunity to defile her. On that same night the victim reported to her parents that the appellant had defiled her causing his immediate arrest.
He later challenged his conviction and sentence claiming that the learned trial Judge erred in law and fact whenshe found that the appellant had been positively identified and that the sentence was harsh and manifestly excessive.
Three justices of the Court of Appeal led by Catherine Bamugemereire have upheld his conviction stating that the victim recognised his voice and clothes despite not seeing his face due to the darkness in the room.
Kasibante had contested that the victim could not have identified him since it was in the dark, however, the justices agreed with their fellow learned trial Judge that since the convict lived with the victim, and that he had closed the door in the night, the victim was familiar with his voice and clothes.
However, they sentenced him to 17 years and six months in Prison after removing the two years he had spent on remand before conviction. End.