JUDGMENT OF THE COURT
The appellant was charged before the Senior Resident Magistrate’s Court at Kigumo with the offence of rape contrary to section 140 of the Penal Code. Alternatively, the appellant was charged with the offence of indecent assault on a female contrary to section 144(1) of the Penal Code.
At the conclusion of the hearing in the magistrate’s court, the court’s assessment of the evidence laid by the prosecution had established beyond reasonable doubt that the appellant had committed the offence of attempted rape contrary to section 141 of the Penal Code. The court reached the conclusion that the main offence of rape as initially charged had not been proved. Accordingly the court proceeded to substitute the charge from rape to attempted rape, convicted the appellant and sentenced him to ten years imprisonment with hard labour.
The appellant filed an appeal in the superior court. In the appeal the appellant relied on five grounds which challenged both the conviction and sen…