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Uganda (Prosecution) vs Ojera Cosmas, Opiro Richard, Okot Patrick & Ongwech Charles (Accussed))

Brief Background

It was the prosecution allegation that A1, A2, A3, A4 and others still at large on the 16th day of April, 2024 at Okojo Village in Amuru district stole 20 bags of rice, 2 plastic chairs, 1 mattress, 1 solar panel, 1battery, 2 basins full of soya bean and other property valued at Page 2 of 20 approximately 2,000,000/= (Uganda shillings two million only) the property of a one, Abola Charles.
Criminal CaseCase NO. 058 of 2024
DateMay 2024
Magistrate G.1HW Kyembe Karim

Summary:

By denying the charges, all Accused persons put in issue all and every essential ingredient of the offences with which they were being charged.

The entire trial was punctuated with attempts at reconciliation. The prosecution did not have any objection and the court thanks the parties for the efforts.

Prosecution adduced lead evidence through Pw1– Obola Charles (complainant) who testified that it was 16thApril, 2024, while at his home situated adjacent to the scene of crime at around 10:00pm on the night market day, he got a call from the LC1 of the area who informed him that Pw1’s first wife had reported to him that some people had attacked his home and were destroying property. That upon receipt of the news, pw1 went to the crime scene whereof he found A4 cutting the speaker from outside the premises, A1 and A3 were ferrying listed items out of the house.

I find that the prosecution has also not proved this this charge beyond reasonable doubts and accordingly, I find all the Accused NOT GUILTY and ACQUIT them of the offence of Malicious damage to property contrary to then, Section 335(1) of the penal code Act, cap 120, now, cap 128 Laws of Uganda, 7th edition 2024.

FULL JUDGEMENT:

Download here: 2 THEFT. OJERA COSMAS AND OTHERS. ACQUITTAL_013329 

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