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J9
led PW4 to Helen Kaunda to a building where there were flats or rooms and
she showed him the first room that had a bed and a metallic chair as the place
she was sexually abused in.
He was told by the person who was at the
reception that different people went there to rest.
In cross-examination by Defence Counsel, PW4 stated that he was also in
the company of Inspector Magayi and Woman Sergeant Chilufya and that
Woman Sergeant Chilufya did not check the victim's private parts. In relation
to the medical findings, he said that PWl had a tear at 3 o'clock of the hymen.
He conceded that the prosecutrix was not a minor and he said that she was
sixteen (16) years old at the time of the incident.
DWl, Emmanuel Chibwe Chanda, the appellant herein, testified on oath
and called three witnesses.
He testified that the prosecutrix is his elder
brother's daughter who went to live with him when she was in grade 6. He
said that she became so promiscuous to the extent that she used to go home
late. He mentioned that on unknown date in 2015, after the general elections,
she went home around 04:00 hours and he beat her up and she was bitter and
threatened to deal with him. DWl further testified that on 25th July, 2016 he
told her that he would send her back to the village because two boys were
fighting for her. He told the court that PWl was a prostitute and he said that
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