•.•
JlS
evidence, he wondered whether it is possible for a virgin not to have a blood
flow from the first sexual encounter.
He submitted that from PWl's evidence it is clear that she was a girl who
had multiple sexual relationships that led to the appellant constantly rebuking
her and her falsely implicating him.
Mr. Mweemba contends that PWl's recordings in her book are clear
indications that she was sexually active. He reverted to the issue of the time of
the alleged offence and he pointed out that no specific date of when the
alleged offence occurred was given apart from the month of July 2015.
He further submitted that from the evidence on record, it is clear that the
prosecutrix failed to make an early report of the occurrence of the alleged
offence.
He relied on the case of NDAKALA v THE PEOPLE
4
which is
instructive on the failure to make an early report and effect thereof. In the
cited case, the Supreme Court held inter alia that:
"The corollary to the principle that evidence of early complaint is
admissible to show consistency is that the failure to make an
early complaint must be weighed in the scales against the
prosecution case."
He also referred to this Court's recent case of TRAMPA MOONGA v THE
PEOPLE5 in which we followed the principle in the NDAKALA case.
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