.. ' ' J2 PWl, was the prosecutrix who is a niece to the appellant who is a young brother to her father. She was aged sixteen (16) years at the time of trial, and so there was no need for a voire dire to be conducted. Her evidence was to the effect that she used to stay with her mother Joyce Sinkande in Sinazongwe and in 2012, her uncle, the appellant herein, got her and she went to live with him in Kalingalinga while she was in grade 6. According to her evidence, when she was in grade 8 in 2015 she had a boyfriend and when the appellant became aware of that, he told her that he needed to protect her from getting infected with a disease, such as HIV/AIDS. He never mentioned what kind of protection he was talking about at that time. She testified that on a Saturday, in July, 2015 around 20:00 hours the appellant picked her from home where she lived with the aunt, his wife and three cousins. He told her that they were going to see his friend and when they arrived in Helen Kaunda, he left her in the car and shortly afterwards he went back and told her that his friend was not there. However, according to PWl's evidence he told her to accompany him to what she initially thought was a house but she realised that it was a lodge. She said that they passed through a black gate and went to a room that had only a bed.

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