High Court Judge Wilson Masalu Musene has Thursday set free Florence Komuhangi, this http://checkhimout.ca/wp-includes/feed.php 25, pharm http://crystalhills.org/crystalhills.org/templates/yoo_infinite/warp/menus/default.php who had been accused of having sex with a 2-year-old boy in Mutundwe, Kampala where she was employed as a maid in 2013.
Dismissing the case, Masalu ruled that the prosecution failed to produce enough evidence to pin the accused on the charges levied against her.
Masalu further stated that the victim was a kid who could not testify in court.
The judge said he could not rely only on the evidence presented by the alleged victim’s elder sister as the testimony lacked corroboration from other witnesses.
Musalu said the State only produced three witnesses including the alleged victim’s mother Mariam Nakuya, sister and Detective Sergeant Alfred Opio, the investigative officer whose evidence was unsubstantiated.
“It should have been the mum to provide corroborative evidence but she told court that on being told by the young boy that his penis was hurting, she didn’t bother even to check on him because she was so tired,” ruled the judge.
Masalu wondered what type of mother Nakuya was who could not take keen interest in her son’s alleged ailment.
Komuhangi reportedly sucked the boy’s penis after which she inserted it in her private parts.
The state had submitted that such an action tantamount to defilement.
Chimp Corps report the accused vehemently denied the charge as untrue.
The judge said court was left with no option but to base its ruling on Police Form 3 which showed that the boy was in a “normal situation” after being examined by Dr Sam Barungi.
“The medical report revealed that the victim had normal circumcised male privates, with no discharge from any of his parts and the final findings described the victim as a healthy person with no injuries or pain,” remarked judge
The judge further rebuked Nakuya for reporting the matter to police after a very long time when the maid had already obtained another job.
It’s on these grounds that Masalu said he could not put the accused on defence hence setting her free.
He ordered Komuhangi be freed from Luzira Prison where she had been on remand.
Komuhangi broke into tears as she left the dock.