The Court of Appeal has upheld a 32-year and five-month prison sentence handed to Masolo Siraji after he was convicted of aggravated defilement involving an eight-month-old baby girl in Mbale District.
In a ruling delivered during the Court of Appeal criminal session in Mbale, Justices Hellen Obura, Eva K. Luswata and Florence Nakachwa dismissed Siraji’s appeal, saying the sentence imposed by the High Court was lawful and appropriate considering the seriousness of the offence.
The appeal had focused solely on the punishment issued by High Court judge Tadeo Asiimwe, who convicted Siraji in December 2018 and sentenced him to prison after taking into account the three years and seven months he had already spent on remand.
The appellate judges ruled that higher courts can only interfere with sentences where trial courts act on wrong principles, ignore important factors, or impose punishments that are clearly excessive.
They found that the High Court had properly weighed both the aggravating and mitigating circumstances before arriving at the sentence.
According to the judgment, aggravated defilement carries a maximum sentence of death, but the trial judge declined to impose either the death penalty or life imprisonment after considering the possibility of the convict’s rehabilitation.
The court also noted that the final sentence was consistent with punishments previously imposed in similar aggravated defilement cases, where offenders received penalties ranging from 20 years in prison to life imprisonment.
“Both grounds of appeal fail, and the appeal is dismissed for lack of merit. The sentence of 32 years and five months is hereby affirmed,” the justices ruled.
Court records indicate that between April 10 and 17, 2015, Siraji allegedly took the infant from her mother, Caroline Nandudu, following the collapse of their relationship.
He reportedly told the mother he would return the child after she bought him bananas, but instead disappeared with the baby into Madenge Forest in Mbale District.
Evidence presented during trial showed that residents later traced the child after hearing cries coming from the forest. Witnesses reportedly found Siraji with the infant, and he allegedly attempted to flee before being captured by residents. Police later intervened and rescued him from an angry mob.
Medical reports presented before court showed that the child sustained injuries associated with sexual assault, including genital tears and a ruptured hymen.
Investigators also recovered blood-stained bedding materials from the forest area where Siraji was said to have stayed with the child for nearly a week.
During the appeal hearing, defence lawyer Shafiki Shafiki argued that the punishment was too severe and that the court had not adequately considered factors such as rehabilitation and the time already spent on remand.
The prosecution, represented by Principal Assistant Director of Public Prosecutions Carolyn Hope Nabaasa, opposed the appeal, maintaining that the sentence reflected the gravity of the crime.
State prosecutors highlighted several aggravating factors, including the victim’s extremely young age, the offender’s age of 39 years, and the fact that Siraji had previously acted in a parental role toward the child.
The prosecution further told court that the infant had endured harsh conditions during the week-long stay in the forest, including exposure to cold weather, mosquito bites, and lack of proper feeding.
English 