The High Court sitting in Mansa has sentenced a 42-year old man to 20 years imprisonment with hard labour for defiling a six-year old girl.
Before High Court Judge, Muyinda Wanki, was Charles Mboshi of Chiyemfya village in chief Chisunka’s area in Mansa district who was convicted of willfully and unlawfully having canal knowledge of a minor on February 6, 2009 contrary to Section 138 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
Facts before the court were that on the fateful day the six-year old girl was on her way to school around 07:00 hours. As she passed Mboshi’s house he called her and asked her to get inside the house.
Mboshi undressed and had sex with the girl who shouted for help and he later pushed her out of the house.
The girl reported the matter to her mother who took the her to the clinic for examination where it was discovered that the child had bruises on her private parts though the hymen was intact.
Mboshi, who pleaded not guilty to the charge of defilement, was arrested on February 8, 2009.
In mitigation Mboshi pleaded for the court’s leniency, saying he was a first offender who did not have a wife and children.
However, the court sentenced him accordingly.
And a 31-year old peasant farmer, Justine Mwewa of Kamuleta village in chief kashiba’s area in Mwense district, was sentenced to 15 years in prison with hard labour for indecent assault contrary to Section 137 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
Mwewa, who pleaded not guilty to the charge, was arrested on September 24, 2008, for willfully and indecently assaulting a grade one pupil aged 12 on September 22, 2008 in Mwense.
The court heard that the girl knocked off from school and got home around 10:00 hours but later decided to go and visit her father’s brother Pardon Kaunda.
On her way, as she passed behind Mwewa’s house, who stood on the door way of his house, called the girl three times but she refused to go to him.
Mwewa persuaded the girl by telling her that he wanted her to collect fire for him so she agreed to go to him before Mwewa grabbed her by the left arm and pulled her into his house and before she could shout for help the convict closed her mouth with his palm.
Mwewa threw the girl on a pile of clothes and tore the the minor’s pants and undressed himself and put his penis on the virginal area and the thighs where some watery fluid was released.
Mwewa then wiped the thighs of the girl with one of the clothes where the minor lay then the girl was allowed to leave.
The girl later went home and told the mother what had transpired.
The mother reported the matter to Kaunda who took up the matter and reported to the police who later arrested Mwewa.
In mitigation Mwewa pleaded for the court’s leniency, saying he was not married, was living alone and was looking after his aunt’s house and that if sent to prison thieves would break in and steal household goods.
In passing judgment High Court Judge Wanki said that cases of defilement and indecent assault were serious as they involved touching of private parts of victims and should therefore attract stiffer penalties to deter would-be offenders.