Friday, March 29, 2024

Kabwe High Court discharges juvenile

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A Kabwe High Court has discharged a juvenile, accused of defiling a fellow juvenile.

Particulars of the offence were that on May 16, 2006 in Kabwe District, a boy aged 15 had carnal knowledge of a girl aged 13.

The juvenile was later arrested and charged for defilement of a child contrary to section 138 cap 87 as amended by Act 15 of 2005 of the laws of Zambia.

In mitigation on behalf of the juvenile the legal advocate asked the court to exercise leniency as the juvenile convict, who is now 17 years old, is a grade nine pupil at Kalonga High School.

He, further, said since the juvenile has stayed in custody for two years, it is punishment enough for him and hence pleaded with the court to consider discharging him.

In passing the sentence, Judge Timothy Katenekwa, said he discharged the juvenile after taking into consideration that he was a first offender and a school going child.

He told the juvenile that since he has been in custody since 2007 he would, therefore, take into account the Social Welfare report and would be lenient and offer him a second chance.

Judge Katenekwa discharged the juvenile on condition that he does not engage in any sexual offence.

He reminded the juvenile that if he commits a similar offence within the period of two years, he will be jailed and charged for both this case and the one he will commit.

ZANIS/ENDS/DKS/HN/MC/SJK

23 COMMENTS

  1. Sexual offenders even as young as this boy, tend to re-offend even much much later in life. Cas.trating the young man should be the best alternative. Mukanjeba.

  2. Defilement makes sense when an over 18yrs does an under 14yr old. 15 yr old and a 13 yr old, kids where just playing around with their toys.

  3. That rich coloured MMD guy (Findley or smthing) was not jailed for a worse offence and yet this poor kid had to spend two years in custody…zambian law

  4. …First of all he was jailed at 15……..he had sex with a 13 yr old girl at 15. Both a boy with a girl were supposed to be counselled, he wasn’t supposed to be in JAIL for 2yrs, jail is not always the sollution. People discover sex in their teen age……Boy 15, Girl 13….poor zed justice…they can’t even arrest plunderers who raped the zambian economy

  5. We need to chop off the tool used to rape/defile. With this done, all Rapists/Defilers will be harmless.

  6. Thoough I dont support defilement, keeping a 15 yr old boy in custody for 2 yrs is not justice. A 13 yr girl now days looks like a girl of 18 yrs. This boy & girl consented to the deed.

  7. Imwe abaiche abene balebuta then mwaya bika akamuboyz mu jele. Its not fair.
    As someone has noted, they both should have been counseled.

  8. This is a pure testmony that the Zambian Judiciary is serious and supports the rich thieves> I have no faith in the courts of zambia, too much injustice!!!!!!

  9. No 6 i agree with you.this was boyfriend and girlfriend exploiting their sexuality.The law on defilement needs to be alive to the fact that teens are sexually active today.Boys are being sacrificed by their tuma girlfriends.The judge did well to discharge the boy although i do not agree with his reasons.He should have just said that the two were in a relationship.

  10. AND WAS THE GIRL? SHE ALSO ABUSED THIS BOY AND SHOULD HAVE BEEN ARRESTED. WHERE IS THE JUSTICE HERE? SUPPOSE IT WAS THE GIRL WHO WAS 15 AND THE BOY 13, WHO WAS A DIFILER IN THIS CASE MWEBANTU…..

  11. ba fana benzochita vopusa, its very common. I remember doing it mu komboni were i grew up even b4 i was in grade 1. but if it muzamai ayimvela ati ndani ndani enzo chita vopusa na ndani ndani, nishi niku kwapula.

  12. AT WHAT AGE DOES THE LAW STATE CASE OF DEFILMENT FOR A BOY CHILD.TO ME I THOUGHT IT WAS 18 FOR MALE AND 15 FOR FEMALE. AT WHAT AGE DOES THE LAW STATE CASE OF DEFILMENT FOR A BOY CHILD.TO ME I THOUGHT IT WAS 18 FOR MALE AND 15 FOR FEMALE.

    At what age does the law state case of difilment for male and female.As for me i thought it was 18 and 15 respectively.

  13. I think the law is being abused in Zambia first of all how can the police arrest a young boy for defiling a fellow kid.Its just not possible. The unless the boy was an adult which is 18 years. The police abused the law, i think there was corruption in this case. The boy might never really be the same after spending two years in prison. But when he was in jailed it seems he was going to a day school outside the jail. because There is no near by prison at kalonga. I cant believe that such is being allowed to happen unfairness. How can the judge also say that the boy should not comit a case meaning he has been jailed outside too. Not that he should do it deliberate but he shouls have just been let go scott free as bith were children capable of being defiled and not one being a defiler.

  14. Aba aba iche bali ufwana. Judge just remember your early days, when we used to write to boyz or girls (four legs in bed) for shuwa Terence Findley was not punished, but because this poor boy is so poor he saved 2yrs, what Nosense!!!

  15. I REMEMBER PAMENE NENZELI 15 TUMPOPO TWATU TWENZE 13. UKAYAMBA KULWISHA WA 15 BENZE KANA ATI NDIWE MUFANA. BAMA 17 NA 18 NDIYE BANZEKUFUNA MA AGE MATES YATU MPOPO. SO MUFUNA AYENDE KUTI GUY WA 15 NGATI NA SIZE YA O INKALA NI DEFILEMENT?

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