transmitted infection and she was referred to Kamuzu Central Hospital for HIV test and pregnancy test. It was confirmed Martha was infected but that for HIV test she would have to come back after 3 months. PW3, the Police Officer, testified that on 16 January 2008 he received a report from PW2 that his daughter under the age of 13 years had been defiled by the appellant. He learnt that the complainant had taken advantage of the complainant’s parents’ absence when they had travelled to Mzimba for a funeral. On 15 January 2008 however, the two were found by the appellant’s landlord in her bathroom at night. PW3 interviewed the complainant and appellant together and the complainant confirmed she had been defiled by the appellant on several occasions and money had been given to her to shut her up. Medical examination confirmed that the complainant had been sexual abused several times. When the appellant was charged he denied it. PW3 explained further that he had intended to take the appellant for medical examination but was told that medically it would be improbable to trace the infection in the appellant based on some scientifically proven facts. PW5 testified that he is the Clinical Officer who examined the complainant on 16 January 2008 and it was found that she contracted sexually transmitted infection, a sure sign that she had been defiled and her vagina was wide open, and she was in pain. He testified that for a girl of her age the vagina is not supposed to be open, further confirming that penetration had occurred. Due to the sexually transmitted infection, PW5 decided to test PW1 for HIV but at the time she was found to be negative but was advised to go for further testing on 22 January 2008. 5