IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CRIMINAL APPEAL CASE NO. 111 OF 2008 BETWEEN ZEFATI HWANGWA ………………………………………………………………………… APPELLANT AND THE REPUBLIC ……………………………………………………………………………. RESPONDENT CORAM : CHOMBO, J. : : : : Appellant, Unrepresented. Ms. Kahaki Jere for the State Mrs. Kabaghe, Court Reporter Mrs. Munyenyembe, Court Interpreter JUDGMENT The Appellant was charged with defilement of a girl who was 12 years of age at the time. When he appeared before the lower court and charged accordingly, the lower court indicates that he stated that he understood the reading of the charge and that he pleaded guilty thereafter. When prosecution narrated the facts of the case in court the appellant responded by stating that the facts were correct. In the said facts it was stated that the Appellant had on several occasions proposed love to the girl but she refused to have an affair with him. One day when the girl had gone to the garden the Appellant having 1

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