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hide the truth by telling him that she had gone home late the previous day but
he rejected the story. Thereafter, she tried to refer them to her grandmother
but they told her that they had already heard from the grandmother.
After she narrated what had transpired, she was taken to University
Teaching Hospital (UTH} where a blood sample was taken and a doctor
examined her private parts. She said that it was her first time to have sex and
that after that she never had sex with anyone.
The prosecutrix further testified that she was taken to the Young
Women's Christian Association (YWCA) after the medical examination.
She
identified the appellant in court as the uncle who had sex with her.
When she was cross-examined by Defence Counsel, PWl confirmed that
she is Joyce Chibwe and that she was a grade 10 student. She reiterated that
it was true that the appellant had sex with her when he discovered that she
had a boyfriend.
She insisted that her first sexual encounter was with the
appellant at Maila Lodge in Helen Kaunda.
PWl said that she could not recall the date when that happened but she
said that it was in July and that schools were open. She also said that it was
between 20:00 to 21:00 hours, she did not go to school as the next day was
Sunday. She said that she prays on Saturday and that she was at church with