Court of Appeal quashes rape conviction over gaps in evidence

The case originated in January 2022 when Milambo was accused of taking the victim to a bush in Kabuye area and raping her.

At trial, the victim and her uncle testified against him, leading to his conviction and a 30-year prison sentence.

Milambo appealed, arguing that the case was based on unreliable family testimony and lacked corroborative medical evidence.

In its judgment, the Court of Appeal noted several contradictions in the testimonies of the key witnesses — including differences over who was present at the grandmother’s home, what happened after the incident, and the timing of events.

The court also pointed out that the prosecution failed to produce a PF3 medical examination form and neglected to call essential witnesses such as the doctor and the grandmother who could have clarified the events.

Justice F.L.K. Wambali, delivering the judgment, said:

“Considering the inconsistencies in the testimonies and the failure to summon material witnesses, the totality of the prosecution’s case fails to prove the offence beyond reasonable doubt.”

The court further expressed concern over the five-month delay between the alleged incident and Milambo’s arraignment, questioning whether the arrest was immediate as alleged. It concluded that these lapses undermined the credibility of the case against him.

As a result, the Court of Appeal allowed Milambo’s appeal, quashed his conviction, and set aside his sentence, ordering his release unless held for another lawful cause.