High Court Judge Justice Wilson Kwesiga has convicted Yasin Mutesasira a 40-year-old Boda Boda rider at Kabanyoro Village, Nangabo sub-county in Wakiso for raping Mariam Namirembe who was his daily passenger.
Namirembe is 50.
Before conviction, the judge called on the victim together with other prosecution witnesses to testify in court.
All grounds required to be proved before sentencing anybody for murder were cleared.
Kwesiga pointed out that the victim is a mature person of sound mind, and that in her testimony she narrated clearly how she was raped.
This was proved by the medical report which was tendered in court by Dr. Sam Ojala from Mayfair Clinic.
Ojala examined the victim and established that she had bruises in her private parts resulting from a forceful penetration.
“Namirembe informed this court that on 19th January 2013 at around 9.00pm she asked Mutesasira to ride her on his boda boda back home but on reaching a dark spot he stopped and took her down on the ground where he tore her knickers and raped her. She said that all this was done without her consent,” said Kwesiga.
In mitigation, the Senior State Attorney Wanamama Isaiah has asked court to grant the convict a custodial sentence of not less than 40 years in jail to deter other people from engaging in the same.
In response, the defense counsel Sylivia Namawejje Ebittu asked court to grant the convict a lenient sentence because he is a sole bread winner to his family of 6 children, adding that he has reformed while in prison where he has participated in various voluntary services.
However the judge has been forced to adjourn the sentencing of this matter to July 27 to enable the defense to present proof on this matter from the Prisons Authorities.