The Court of Appeal in Kampala has dismissed an appeal by Christopher Damulira, a boda boda rider convicted of raping a 17-year-old girl in Gomba District.
The court upheld the 28-year and 2-month prison sentence handed down by High Court Judge Dr. Winifred Nabisinde in 2020.
According to court documents, on March 29, 2018, Damulira picked up a 17-year-old girl from a graduation party, where she had hired him to take her home. He allegedly stopped in a swampy area, claiming to be out of fuel, and then dragged her into the bush, where he raped her, leaving her bleeding and bruised.
The victim later received medical attention. Damulira was arrested, charged, and convicted of rape after pleading guilty.
Damulira appealed the sentence, citing a defective indictment and excessive punishment. However, the Court of Appeal, comprising Justices Christopher Gashirabake, Dr. Asa Mugenyi, and John Mike Musisi, found no merit in his appeal.
The court noted that the maximum penalty for rape is death and that the sentencing range is 30 years. The justices ruled that the trial judge had followed the law and principles governing sentencing, and therefore, there was no reason to interfere with the sentence.
Damulira’s appeal also challenged the plea-taking procedure and indictment. However, the court found that the trial judge had followed the proper procedure, and Damulira’s guilty plea was valid.
The Court of Appeal’s decision means Damulira will serve the remaining period of his 28-year and 2-month sentence.
