Reported by Sandra Ainebyoona
The High Court in Kampala has sentenced a man to 3 years, 3 months and 18 days in prison on charged of aggravated defilement. Kasaga Badru was sentenced after he pleaded guilty to sexually assaulting an 8-year-old.
While handing down the sentence, Justice Margaret Mutonyi observed that she had considered the various mitigating factors brought forth by the accused despite the prosecution’s argument that that aggravated defilement was rampant in the country and required a harsh sentence.
The case, which had been ongoing since January 2020, had raised concerns about the competence of medical practitioners who conducted examinations of the victim and the suspect. The medical examination of both the suspect and victim ware found to be incomplete and inadequate. Justice Mutonyi criticized the medical personnel who examined the suspect for merely filling in police forms without a proper investigation and examination. The judge emphasized that the medical examination of both the victim and the suspect is an important aspect of the criminal investigation process, and it should be done thoroughly to establish whether the accused committed the crime, their age, HIV status, and mental health.
The convict’s history of drug addiction to opium was taken into consideration and court noted that he was not of sound mind at the time of the crime. The Judge however, believed that Badru could change and become a better person with rehabilitation and psycho support.
While longer sentence are often handed out to offenders in cases of aggravated defilement, the sentence in this case was relatively lenient. Badru was a first-time offender who had shown remorse and had been clean for three years while in prison. He was also a family man with a business that had been affected by his drug addiction. The judge believed that given a second chance, he could change his life and make it better for himself and his family.
