The Charge
The accused, Okiria Francis, was charged with the offence of Stealing Cattle contrary to sections 254(1) and 261(1)(a) of the Penal Code Act, Cap. 128. It was alleged that on the night of 31st May 2025 into the early morning of 1st June 2025, at Kaucho ‘B’ Cell, Hospital Ward, Pallisa Town Council, Pallisa District, the accused stole a brown cow valued at Uganda Shillings One Million Five Hundred Thousand (UGX 1,500,000/=), the property of Achom Christine. The accused pleaded not guilty and the matter proceeded to full trial.
Prosecution Case
The prosecution called five witnesses to prove its case.
PW1, Achom Christine, the complainant, testified that she kept a brown cow tied under a tree at her home. On the night of 31st May 2025 she went to sleep and on checking at about 5:00 a.m. on 1st June 2025 found the cow missing. She searched with her son and reported the matter to the LC1 Chairperson and thereafter to Pallisa Central Police Station, where a police tracker dog was availed.
PW2, Asupa Benard, a neighbour of both the complainant and the accused, corroborated PW1’s account of the report and testified that he was present when the tracker dog was introduced to the scene. He stated that the dog followed a scent along a path directly to the accused’s home, stopped at his door which was padlocked, and that when the door was opened the dog entered and lay on the accused’s bed. He testified that this was the third time the accused had been implicated by a tracker dog in connection with stock theft in the area, the first two involving one Omutuju David and one Omuut Robert respectively, in which the accused had compensated the complainants.
Defence Case
The accused, giving sworn evidence as DW1, raised a defence of alibi. He testified that on the material day he had left home at about 8:00 a.m. looking for his lost child, went to his grandmother’s and later to Amusiat, and only returned home at about 2:00 p.m. He stated that on his way, near the main hospital, an unnamed person informed him that a tracker dog had gone to a home reported to have a stolen cow, and advised him not to return home; he consequently proceeded to his sister’s place at Buseeta to continue looking for the child.
FULL JUDGEMENT
Download Here: UGANDA Vs OKIRIA FRANCIS - Stealing Cattle