KAMPALA– The Court of appeal has upheld a 21 imprisonment term handed to a 26 year old HIV positive man who defiled his 9 year old cousin.
Kesunge Oryema was convicted of aggravated defilement of a 9 year old girl and sentenced to 21 years imprisonment term.
It was the Prosecution’s ace that on 29th August 2013 at around 8.00 pm, the victim was asleep in her mother’s hut when she was shocked out of sleep, only to find the Appellant defiling her.
The young girl made an alarm that attracted her mother who was in the kitchen, and found the Appellant running out of the hut but also raised an alarm to which neighbors responded, leading to his arrest.
A report was made to the Police and an examination was carried out revealing that the appellant was HIV positive and he was arrested, tried, convicted and sentenced as stated above.
He however challenged only the sentence on ground that it was harsh and manifestly excessive. Three Justices of the Court of Appeal have dismissed his appeal for lack of merit.
According to Justice Geoffrey Kiryabwire, the sentence of 2l years and one months’ imprisonment was a legal sentence; it was neither manifestly excessive nor harsh in the circumstances of this case and we see no reason to disturb it.
The appellant was a son to the brother of the victim’s father, and they resided in the same compound.
