R. v. Jutuba s/o Luyemano, Crim. Rev. 3-M-70, 13/2/70, Kimicha J.

R. v. Jutuba s/o Luyemano, Crim. Rev. 3-M-70, 13/2/70, Kimicha J.

The accused was convicted on his own plea of defilement by husband of a wife under 12 years of age c/s 138(1), Penal Code. He was sentenced to two years imprisonment. The undisputed facts of the case are that the accused who is 45 years old was married to the girl after he had paid her father Shs. 600/- and ten goats as brideprice. He then took her to his home and slept with her and she got defiled. The girl suffered so much pain that she left the accused and ran to her mother who had separated with her father. The matter was referred to the Police and the accused was charged with the offence.

            Held: “Taking into consideration, the nature of the offence, the age of the accuse and his locality, it would appear that the accused is an illiterate middle aged man who did not fully appreciate the legal implications of his act. Ignorance of the law is no defence to a criminal charged but I think in this case it could be taken into consideration in assessing his sentence. The conviction of the accused is upheld but his sentence is varied and substituted with one of six months imprisonment.”