fH iG
IN THE HIGH COURT OF MALAWI
PRINCIPAL REGISTRY
CRIMINAL DIVISION
CRIMINAL APPEAL NO. 8 OF 2018

1.. I

\

H

CC,~J;7 j

......., . ~ l ' : Y f l f f ...................

BETWEEN:
DAVIE NYALAPA...................................................................................APPELLANT
AND
THE REPUBLIC ....................................................................................RESPONDENT

CORAM: Hon Justice M L Kamwambe

Dr Piriminta of counsel for the State
Mae le of counsel for the Appellant
Ngoma .... Official Interpreter
Chiusiwa ... Court Reporter
JUDGMENT
Kamwambe J

This is an appeal against the judgment of the First Grade
Magistrate Court sitting at Blantyre for the offence of defilement
contrary to section 138( l) of the Penal Code. The offence was
committed between the 25th and 26th July, 2016 at Baptist Primary
School in the City of Blantyre. The Appellant pleaded not guilty and
he was convicted after a full trial and was sentenced to 8 years
imprisonment.
Grounds of appeal are as follows:

l) The learned magistrate erred in law in finding that the
Appellant had a case to answer when there was no evidence

1

---,

-

1
A.t"""""'~

8 R st\ F~ 't'

t.

~I

Select target paragraph3