Summary:
In attempt to prove the charge, the prosecution called 3 (three) witnesses.
Prosecution first called the complainant whose testimony was taken down as Pw1: Kamya Henry
He testified that he knows the accused person as a resident of their village; that he first came on the 19th of January to ask Pw1 for a motorcycle of which he wanted to use to collect sacks of maize (100) in number; that the motorcycle was Reg no. UFE 880M Red Bajaj having been bought for 5,000,000/= UGX.
Pw1 testified further that he (Pw1) lent him (accused) the motorcycle to use for one week, even Mulani (Imran) was around; that before the end of the week of the 26th, Pw1 asked him (accused) where his (Pw1’s) bike was and he (accused) said his brother had it and he didn’t know where he was.
Prosecution also called Pw2: Imran Kyazze
Pw2 testified that the accused and his brother were given the bike initially for one week; that he rode the bike for less than a week; that on the fateful day. Pw2 asked the complainant about the brothers; that he had gone to check on the accused’s brother but he wasn’t at his home and his known numbers were switched off and that’s when Pw1 approached the local council officials.
On the 30/04/2024 when trial resumed. prosecution called their last witness, Force No. 63663 D/C Mukanga Kefah.
He testified that he is a police officer attached to Amuru C.P.S; that he knows the accused person as a suspect in a theft of a motorcycle; that Pw3 was the investigating officer in this case; that it was the month of January while on duty in office and he received 2 people, that is Pw1 and the accused.
Thereupon. prosecution closed its case and court ruled that a prema facie case had been established.
The accused testified after several adjournments without progress with what he had proposed. His testimony was taken down as Dw1 – Kamya Meddie.
Dw1 testified that on the 24th June 2024, Pw1 came to his home and told Dw1 that his brother (Farouk Kamula) had stolen his motorcycle whereupon, Dw1 went with Pw1 to the LC1 who advised them to go and sort their issues at police; that upon reaching the police, Pw1 made a statement that Dw1 went with his brother to Pw1’s home and they asked for the motorcycle, which Pw1 handed over to Dw1 who subsequently gave it to Dw1’s brother.
FULL JUDGEMENT:
Download Here: UG Vs Kaakati Meddy – Acquittal (Stealin
The Accused was found not guilty and acquitted him of the offence of stealing a motor vehicle contrary to section 265 of the Penal Code Act.
“He should be set free forth with unless he is being held for any other lawful reason”