KAMPALA, Uganda | Christopher Damulira, a boda boda rider who was convicted of raping a 17-year-old girl in Gomba District, has been jailed for 28 years.
The Court of Appeal, presided over by Justices Christopher Gashirabake, Dr Asa Mugenyi, and John Mike Musisi, sentenced Damulira to 28 years and 2 months in prison.
Damulira had appealed the same sentence handed down by High Court Judge Dr Winifred Nabisinde on February 25, 2020, citing a defective indictment and excessive sentence.
According to court documents,Damulira picked up the victim from a graduation party on March 29, 2018. He allegedly stopped in a swampy area, claiming to have run out of fuel, and then dragged the victim into the bush, where he raped her.
Court documents further indicated that the victim was a student at UDEL Project and had hired Damulira to take her home after the party, trusting him as a familiar face in the area. The victim was left bleeding and bruised and later received medical attention after the incident.
The Court of Appeal justices, led by Justice Christopher Gashirabake, ruled that there was no reason to interfere with the High Court’s sentence, noting that rape carries a maximum penalty of death.
“We have considered the fact that the maximum sentence for the offence of rape is death. Further, that the sentencing range specified in Part I of the 3rd Schedule of the Sentencing Guidelines for the offence is from 30 years,” the justices ruled
We find no reason to fault the trial judge’s sentencing powers, especially where she followed the law and principles governing the same.
The justices added that the court considered the issue of plea-taking procedure, which Damulira had challenged. However, it was found that the trial judge had followed the right procedure and that Damulira’s plea of guilty was properly taken.
” We have already noted that a girl can be raped. The appellant will continue to serve the remaining period of the sentence of 28 years and 2 months,” the justices ordered.
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