Soldier jailed for defilement
Posted Friday, January 18 2013 at 02:22
The convict defiled a 13-year-old under his care, knowing that he was HIV positive.
The UPDF Court Martial at the 2nd Division headquarters in Makenke in Mbarara District has sentenced a 42-year-old soldier to 30 years imprisonment for defilement.
Prosecution led by Lt. Gerald Bamwitirebye, told the court that Constatino Kato on March 18 last year in Ibanda District defiled a 13-year-old pupil knowing he was HIV positive.
Court heard that on the fateful night, Kato, who was staying with the victim in the same house, tip toed from his bedroom and defiled the girl in her room.
The defence lawyer, Capt. Andrew Kamya, requested the court for a lenient sentence, arguing that the convict was a first offender, the only bread winner to his family and that he was willing to reform.
But the court chairperson, Col. Goefrey Mujuni, said Kato had committed a grave offence, which deserved a heavy punishment to act as a deterrent to others.
“We have also put into consideration the victim. She was very young, under your (Kato) guardianship but worst of all, you committed the offence well knowing you are HIV positive,” Col. Mujuni said.
He said Kato, who had served in the army for 28 years, had the right to appeal against the sentence within 14 days.