J
J16
Mr. Mweemba contends that on the balance of the evidence, there is a
serious lack of corroborative evidence and that there are serious dangers of
false implications which should weigh the appeal in the appellant's favour.
He humbly requested this Court to allow the appeal and to quash the
conviction, set aside the sentence and release the appellant.
In support of ground two, Mr. Mweemba argued that it is for the defence
to give a reasonable explanation and not prove his innocence and that the
appellant's case was reasonably possible though not probable.
He submitted
that the prosecution could not be said to have discharged its burden of proof as
was held in the case of SALUWENA v THE PEOPLE
6
•
In this case, he argued that the appellant had given a proper account of a
story that was consistent with what he had told the school authorities.
He
submitted that other witnesses gave a similar version even though none of
them gave an account about the alleged incest. He submitted that it is clear
that the prosecutrix had a propensity to lie and that she could have lied against
the appellant.
Mr. Mweemba further submitted that in the absence of corroborative
evidence of both the offence and the perpetrator, it will be unsafe for the Court
to confirm the conviction.
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