fH iG IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION CRIMINAL APPEAL NO. 8 OF 2018 1.. I \ H CC,~J;7 j ......., . ~ l ' : Y f l f f ................... BETWEEN: DAVIE NYALAPA...................................................................................APPELLANT AND THE REPUBLIC ....................................................................................RESPONDENT CORAM: Hon Justice M L Kamwambe Dr Piriminta of counsel for the State Mae le of counsel for the Appellant Ngoma .... Official Interpreter Chiusiwa ... Court Reporter JUDGMENT Kamwambe J This is an appeal against the judgment of the First Grade Magistrate Court sitting at Blantyre for the offence of defilement contrary to section 138( l) of the Penal Code. The offence was committed between the 25th and 26th July, 2016 at Baptist Primary School in the City of Blantyre. The Appellant pleaded not guilty and he was convicted after a full trial and was sentenced to 8 years imprisonment. Grounds of appeal are as follows: l) The learned magistrate erred in law in finding that the Appellant had a case to answer when there was no evidence 1 ---, - 1 A.t"""""'~ 8 R st\ F~ 't' t. ~I