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"for sexual offences, there must be corroboration of both the
commission of the offence and the identity of the offender in
order to eliminate the dangers of false complaint and false
implication. Failure by the Court to warn itself is a misdirection."
He also relied on the case of EMMANUEL CHOLA v THE PEOPLE 2 in which
this Court adopted with approval, the principles in the case of MACHIPISHA
KOMBE v THE PEOPLE 3 where the Supreme Court emphasized the need for
corroboration in cases involving sexual offences.
Mr. Mweemba argued that even though the prosecutrix alleged that the
offence occurred in Maila Lodge in Helen Kaunda, there is no evidence on
record of any other person who saw the appellant with the prosecutrix.
He
submitted that as such, there is no corroborative evidence to support PWl's
allegation that the appellant sexually assaulted her.
He submitted that there are no special compelling grounds to rule out the
inherent dangers of false implication of the appellant by the prosecutrix.
Mr. Mweemba drew the court's attention to PWl's evidence in crossexamination that her sexual encounter with the Appellant was the first and last
sexual experience.
He also noted that it was her further evidence that her
pantie and beddings were not soiled and that there was no blood. From that
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