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said is similar in some material aspects with the present case. In that case, the
Supreme Court agreed with the trial court when it stated that:
"Firstly, the accused person in this case is a well known person
to the victims such that his identity cannot be mistaken. He was
a person they regarded as a parent and so it is true that they
feared to disclose what was happening to their mother."
On the issue of corroboration as to commission of the offence, it was submitted
that the prosecutrix testified in very clear terms and had an. excellent
demeanour, according to the trial court that it was the appellant who took her
to Maila Lodge in Helen Kaunda and had sex with her.
She said that she
narrated details which are unnecessary to recount but which were not
challenged.
She noted that PWl was not challenged in cross-examination
about what the appellant told her that it was her grandfather who was behind
everything. To support her argument, she called in aid the case of JOSEPH
MULENGA & ANOR
v THE PEOPLE8 where the Supreme Court observe that:
"During trial, parties have the opportunity to challenge evidence
by cross-exam1n1ng witnesses .... ..... when prosecution
witnesses are narrating actual occurrences, the accused persons
must challenge those facts that are disputed. Leaving assertions
which are incriminating to go unchallenged diminishes the
efficacy of any ground of appeal based on those very assertions
which were not challenged during trial."
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