PW2 testified that he is a pastor at Assemblies of God Church and that he knew the appellant before the incident and was able to identify him as somebody he stayed with in Mtandile. On 15 January 2008 around 9.00 pm he asked his 4th born daughter to go to the house of the appellant to help him unblock his phone. But before his daughter came back his neighbor, Mrs. Mbavala, PW4, arrived and asked him to go and witness what was taking place behind his house. He went there and found another lady with his daughter Martha. PW4 narrated how she found Martha and the appellant in the bathroom and that the appellant had fled and as they were discussing the issue Martha also fled. PW2 sent someone to call the appellant and when appellant came, PW2 asked appellant what he was doing in the bathroom with Martha. Appellant did not answer the question directly but instead asked who told him about it. He went back to his house and Martha also arrived and she explained that on the night in question PW4’s arrival frustrated appellant’s plan to have sex with her but that on previous occasions he had sex with her but that she had failed to report to her father because he had threatened her not to tell her father or else he would kill her, and that he used to give her K50.00 to keep her quiet. The appellant’s house is about 100 meters from PW2’s house. The matter was reported to the village headman then to police and the appellant was arrested. Since it was late at night police decided to take Martha to hospital the following day. After medical examination it was confirmed that Martha had on several occasions had sex and that she had contracted some sexually 4