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Zomba District Registry - 2010

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1 judgment
December 2010
Chaluluka v S (Criminal Appeal 3 of 2010) [2010] MWHC 101 (20 December 2010)
Prosecution failed to prove the penetration element of defilement beyond reasonable doubt; conviction quashed.
  • Criminal law — Defilement (s.138(1) Penal Code) — essential elements: age and penetration — burden of proof beyond reasonable doubt — corroboration and circumstantial evidence — admissibility and sufficiency of expert/medical evidence.
20 December 2010