I
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DW4, Rodwell Chibwe testified that the appellant is his young brother and
that the prosecutrix is his biological daughter. He said that he heard about the
allegation of the appellant having sex with her on the pretext that she would
not get HIV/AIDS. He acknowledged that he would feel bad if the appellant
was sent to prison for a thing he did not do. He further stated that PWl had a
boyfriend she used to be found with, according to the information he received
as he does not stay in Lusaka.
After the trial court's consideration of all the evidence, it found that there
was a dereliction of duty on the part of the police in the investigations as some
of the vital corroborating evidence was left out, such as PWl's grandmother's.
However, it was satisfied beyond reasonable doubt that the prosecutrix told the
truth about the appellant having carnal knowledge of her in July, 2015 and that
there was no motive for her to have deliberately and dishonestly implicated the
appellant in the commission of the offence.
The trial court convicted the
appellant for the offence of incest.
Dissatisfied with the said judgment, the appellant now appeals against
the conviction and sentence meted out by the High Court.
He advanced the
following grounds of appeal:
1. The learned trial court erred both in law and in fact when it
convicted the appellant in the absence of corroborative
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