Considering the fact that he had not wasted court’s time as he pleaded guilty and he showed a character of remorse, he therefore gave him a custodial sentence of seven days, time on remand inclusive.
Mukono Chief Magistrate Paul Matyama has sentenced a 44-year-old blind man to seven years in prison after pleading guilty to defilement.
Ivan Birungi, a resident of Kasana East Ward in Mubende district pleaded guilty of defiling a 15-year-old girl whom he transported from Kanyegalamire village in Kakumiro district to help with some domestic chores.
Birungi is also facing another charge of trafficking in persons, which he pleaded not guilty.
Prosecution led by the Mukono Senior Resident State Attorney Josephine Nanyonga told court that Birungi hired a teenage girl as his helper due to his visual limitations but on the day he received her from the village on February 2, he hired a lodge from where he sexually abused her.
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The victim told court that Birungi forced her into sexual intercourse three times, two in Kampala and one in Mukono where he shifted after demanding him to give her transport to go back to her parents in Kakumiro district.
“Through our neighbour called Gift, Birungi had promised to pay me sh150,000. I was however disappointed because before running away from my parents, Gift had promised me that the blind person I was going to take care of was a woman, only to find a man. I had asked him to pay for two rooms, one for me and another one for him but he declined, asking me to sleep outside if I didn’t want to sleep in the same room with him,” the victim narrated to the court.
“Though I had slept on the floor and Birungi in the bed, at around 10:00pm, he left the bed and came to where I had slept and forced me into sex. However much I tried to resist, he overpowered me. He boosted after realizing that I was a virgin, saying he was to take care of me and that he had money.”
The victim’s father, Brian Shabomukama (39), a resident of Kanyegalamire village in Kakumiro district told court that she disappeared from the home at night without their consent only to call them after four days to inform them that she was in good hands, relieving them from the stress of searching for her.
“The second phone call I received was from Mukono Police station telling me that she had been defiled by the person whom she was taking care of. It was at that time that I realized that our neighbour, Gift, was the one who masterminded her disappearance from home. It is also from her home where she spent the night before putting her into a taxi which delivered her to Kampala on February 2, at around 4:00am,” Shabomukama said.
Prosecution had asked court to give Birungi a deterrent sentence given the fact that Birungi is not a first-time offender, contrary to his submission before Court.
“He was previously charged with similar offences of defilement and trafficking in persons at the Mubende Chief Magistrate’s Court, under Criminal Case No. 683/2024 and Police CRB 937/2024. However, after being granted bail, Birungi absconded, which led to the dismissal of the case on July 19, 2024, pending his re-arrest,” she stated, asking court to serve Birungi with 14 years’ sentence.
However, Birungi’s defence lawyer, Lydia Nanyombo of Nanyombi, Kyamuhangire advocates, asked for a lenient sentence for his client saying that he was a first-time convict.
Birungi himself, while on his knees, told court that being a visually impaired person, he did not realize that the victim was underage though she (victim) said that upon meeting him in the taxi park, he asked her age and she told him that she was 14 years.
“My Lord, I ask for forgiveness before God and this Honourable Court. I acknowledge and regret the mistake I committed. I am blind and entirely dependent on others for assistance, and I cannot manage life in prison on my own. I humbly pray for the Court’s leniency,” pleaded Birungi.
The Chief Magistrate noted that Birungi is 44 years old while the victim is 15, an age difference significant enough that he could be her father. In that regard, he had a duty to protect her from harm, yet he acted in direct violation of that responsibility.
“Court appreciates the fact that you are blind, but you instead used that status to violate the rights and dignity of a young girl who came to be your helper. Court also found it awkward that you sexually abused the victim on the same day you received her, and continuously repeated the act both in Kampala and Mukono. It’s therefore wrong to use your vulnerability to harm others,” the Chief Magistrate said.
He said that though prosecution had asked for a deterrent sentence of 14 years, it would be harsh for the convict.
Considering the fact that he had not wasted court’s time as he pleaded guilty and he showed a character of remorse, he therefore gave him a custodial sentence of seven days, time on remand inclusive. Birungi had only stayed on remand for 12 days. Magistrate Matyama said Birungi’s sentence was intended to protect him from his other potential victims.
Birungi will be brought back to court for the hearing of his second count of trafficking in persons on March 16. Prosecution told the court that in this case, it has two remaining witnesses.
