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The Court of Appeal has upheld a 32-year prison sentence handed to Siraj Masolo, who was convicted of aggravated defilement of an eight-month-old baby girl in 2015.In a judgment delivered during the Court of Appeal criminal session sitting in Mbale, justices Hellen Obura, Eva Luswata and Florence Nakacwa dismissed Masolo’s appeal, which had challenged both the conviction and sentence handed down by the High court in Mbale in December 2018.The appellate court ruled that the trial court had properly relied on witness testimonies and medical evidence in finding Masolo guilty. The judges also agreed with the lower court that the sentence imposed was lawful and appropriate.The court found that Justice Tadeo Asiimwe had properly balanced both aggravating and mitigating circumstances before arriving at the sentence. They noted that although aggravated defilement attracts a maximum penalty of death, the trial judge had opted against both the death penalty and life imprisonment because he considered the convict capable of reform.The appellate court further observed that the trial judge had taken into account the appellant’s age at the time of sentencing, reducing the effective sentence from 35 years to 32 years and five months.The judges also found that the sentence was in line with punishments imposed in comparable aggravated defilement cases, some of which attracted life imprisonment and prison terms ranging from 20 to 40 years.At the time of his conviction, Masolo had already spent three years and seven months on remand. Court records show that between April 10 and 17, 2015, Masolo took the infant from her mother, Caroline Namuddu.He reportedly promised to return the child after the mother bought him bananas, but instead disappeared with the baby into Madenge forest in Mbale district.Evidence presented during the trial showed that a witness later heard a child crying in the forest and found Masolo with the infant. He allegedly attempted to flee but was apprehended by residents before police intervened and rescued the child, who was in critical condition.Medical evidence later confirmed that the baby had suffered serious injuries consistent with sexual assault, including tears and a ruptured hymen.Investigators also recovered a blood-stained mattress and clothes from the forest where Masolo had reportedly stayed with the baby for several days and nights. In his appeal, Masolo argued that the sentence was harsh and excessive.The defence maintained that the trial judge had not sufficiently considered mitigating factors, including the period Masolo spent on remand and the possibility of rehabilitation.
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, https://observer.ug/news/masolos-32-year-prison-sentence-for-defiling-8-month-old-baby-upheld/
