R. v. Kadudu Crim. Rev. 55-M-71; 24/6/71; El-Kindy, Ag. J.

R. v. Kadudu Crim. Rev. 55-M-71; 24/6/71; El-Kindy, Ag. J.

The accused was convicted on his own plea of guilty of abduction of a girl under the age of 16 years c/s 134 of the Penal Code and sentenced to a fine of Shs. 400/- or six months imprisonment in default. He was also ordered to pay Shs. 100/- to the parents of the girl as compensation. The only issue on revision was whether or not the alternative sentence of 6 months imprisonment and the compensation order was legal. In sentencing the accused the magistrate remarked that people liked the accused that interfered with the course of education of young girls’ deseived a severe punishment.

Held: (1) “I have no quarrel with that remark as obviously it is time that such practices ought to b eliminated if this nation’s female population is to gain useful knowledge in schools. The sentenced of a fine was quite reasonable although the accused could not pay it. However, the alternative sentence of 6 months imprisonment was illegal as it was contrary to the provisions of s. 29 of the Penal Code.” (2) “As for the order of compensation, I find there is no provision for compensation in the Criminal Procedure Code for compensation of this nature. S. 176 (1) of the Criminal Procedure Code, Cap. 20 stated that compensation is payable where the evidence disclosed that somebody has “suffered material loss or personal injury.” In this case, it cannot be said that the parents suffered any material loss and it is doubtful whether it can be said that they suffered any personal injury.” (3) “Term of imprisonment is reduced to 4 months and the order for compensation is sent aside.”