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J23
When an accused person raises his own version for the first time
only during his defence, it raises a very strong presumption that
the version is an afterthought and, therefore, less weight will be
attached to such version. Therefore, in a contest of credibility
against other witnesses, the accused is likely to be disbelieved.
This is the approach which the trial court took. We find no fault
in it."
In the present case, she finally submitted that the prosecution proved its case
beyond all reasonable doubt in the court below and that the trial court was on
firm ground in convicting the appellant.
She implored this Court to dismiss both grounds and to uphold the
conviction.
We have considered the evidence on record, the judgment appealed
against, the sentence passed by the court below, the submissions by both
Counsel, together with the authorities cited.
The appellant was charged and convicted for the offence of incest
contrary to section 159(1) of the Penal Code, Chapter 87 of the Laws of Zambia
which provides that:
"Any male person who had carnal knowledge of a female person
who is to that person's knowledge his grandmother, mother,
sister, daughter, granddaughter, aunt or niece commits a felony
and is liable, upon conviction for a term of not less than twenty
years and may be liable to imprisonment for life."
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