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performance at school, her bitterness towards the appellant to the extent of
avoiding to go home after school and sleeping in the class room, the appellant's
failure to inform her mother of what he termed as promiscuous behaviour.
Mrs. Kachaka argued that these amounted to something more or
)
supporting evidence even if the trial court did not specifically mention
"corroboration" she was nevertheless mindful of the need for corroboration
in sexual offence cases.
With regard to the appellant's argument that the prosecutrix failed to
make an early report of the alleged sexual abuse or assault, she argued that
according to the evidence, she reported the matter to her grandmother and
PW3 after some days. She submitted that there was no contention on that in
cross-examination of either, PW3 or the prosecutrix. It is her contention that
even if she reported after two months, she found solace in the Supreme Court's
observations in the case of CHRISTOPHER NONDE LUSHINGA v THE
PEOPLE where it stated that:
"He was a person they regarded as a parent and so it is true that
they feared to disclose what was happening to their mother.
However, their action of telling their friend showed that they
were distressed about the whole issue. The medical reports for
both victims confirm that they were both defiled. The accused
only makes a general denial in his defence."
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