Man Loses Bid to Reverse 40-Year Jail Sentence for Rape Conviction

Man Appeal Fails 40 Year Jail Term for Rape Upheld
PHOTO - Courtesy - Man's Appeal Fails, 40-Year Jail Term for Rape Upheld
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A man’s attempt to overturn a 40-year jail sentence imposed on him for a rape conviction has been unsuccessful. The Court of Appeal, led by Deputy Chief Justice Richard Buteera, dismissed the appeal made by George Anguyo.

The Court of Appeal judges concluded that the trial judge had considered all the necessary factors before reaching the decision, and therefore, they decided not to alter the 40-year sentence. Deputy Chief Justice Richard Buteera stated that the trial judge had taken into account the time Anguyo spent in custody.

The other justices on the panel were Christopher Gashirabake and Oscar John Kihika.

In his appeal, Anguyo presented four grounds on which he sought to have the decision of the former High Court judge, Justice Rugadya Atwoki, overturned. Justice Atwoki had sentenced Anguyo to 40 years in prison after finding him guilty of rape.

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Among the grounds for appeal were claims that the judge had not adequately assessed the evidence regarding identification and had rejected Anguyo’s alibi defense. Anguyo also argued that the judge failed to subtract the time he spent in custody from his sentence and that the punishment was excessively harsh.

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The justices of the Court of Appeal stated that the trial judge had properly taken into account factors such as lighting conditions, familiarity between the witness and the accused, the duration of the sighting, and the distance. The justices found no reason to challenge the judge’s findings on these matters.

The court dismissed Anguyo’s second ground of appeal based on the testimony of a third prosecution witness. The witness confirmed knowing Anguyo as a fellow villager and stated that she had visited him on the day of the incident before heading to the victim’s house. This evidence strongly placed Anguyo at the scene of the crime and contradicted his alibi.

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The court’s ruling emphasized that this evidence effectively refuted Anguyo’s claim of not being present at the crime scene.

The background of the case reveals that on May 11, 2017, around midnight, Anguyo entered the victim’s residence, where she was with her two sisters, one of whom was ill. After demanding money from the victim, Anguyo and an accomplice named Kabodi entered the house forcefully.

Anguyo received Shs22,000 from the victim and then sexually assaulted her alongside Kabodi. Throughout the incident, Anguyo threatened the victim against making any noise. After the assault, Anguyo fled, leaving the victim in a helpless state.

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Due to the presence of a burning candle, the victim was able to identify Anguyo, also known as Kizza, and Kabodi as her attackers. The victim reported the incident to the police on May 12, 2017, leading to Anguyo’s arrest.


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