J25
Although there was no witness to the commission of the offence as PWl was
sneaked into Maila Lodge through the back entrance, her narration of the
details of what transpired in the room were accepted by the trial court as
having been unchallenged by the defence.
We are of the considered view that the defence's failure to challenge
PWl's evidence on that aspect, fortified her evidence and elevated it to amount
to "something more" or supporting evidence of the commission of the
offence.
The issue of the prosecutrix's failure to make an early report of the sexual
assault in our considered view was well articulated in the respondent's
submissions and the cited case of CHRISTOPHER LUSHINGA v THE
PEOPLE relied on.
Compared to period of delay in reporting of about nine
months in the cited case, we do not consider PWl 's delay of two months in
reporting to be inordinate and unreasonable in the circumstances.
We find no merit in ground one and we, accordingly, dismiss it.
We turn to ground two.
Upon perusal of the record and the defence
evidence, we observed that the trial court considered the demeanor of the
appellant and his witnesses when it noted the reluctance by the appellant and
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