NDOLA magistrate Changa Chitabo has sentenced a 32-year-old man of Old Regiment settlement to two years imprisonment with hard labour for breaking into someone’s house at night and trying to rape a woman.
Davie Mulenga, 32, was charged with attempted rape.
He had denied the charge, but the court found him guilty.
Magistrate Chitabo noted that the offence Mulenga was charged with was a serious one.
He would therefore send him to prison to protect defenceless members of society.
“I examined the evidence of the prosecution and I am satisfied that they have proved their case against the accused beyond the required standard of reasonable doubt. I, therefore, sentence you to two years imprisonment with hard labour with effect from the date of arrest,” Mr Chitabo said.
In mitigation Mulenga asked the court to be lenient on him as he was remorseful for his actions and that his wife was heavily pregnant.
Particulars of the offence are that on August 1 this year, in Ndola, Mulenga unlawfully attempted to have carnal knowledge of a woman without her consent.
During trial, the victim told Mr Chitabo that she and her husband had a quarrel on that particular night.
She decided to sleep on the floor while her husband slept on the bed. But as she was sleeping, she felt someone forcibly trying to remove her pants.
She told the court that she became doubtful if it was her husband because of the excessive force that, accused was using when undressing her.
She accidentally touched Mulenga’s private parts as he readied himself to rape her.
The victim told the court that Mulenga’s trousers were below his knees and that he was apprehended by her husband as he tried to run away.
In his defence, Mulenga told the court that he broke into the couple’s house because he thought it was that of his concubine only named as Mwaba and that he could not remember the person he undressed as he was intoxicated with alcohol.
(DailyMail)
2 years, that it? This bástard should have been slapped with multiple charges. In addition to attempted rape what about unlawful entry into someone else’s home? And these rapist types never change their colors. After those two years he will rape again.
This drunk useless piece of trash son of a dog should have been charged with unlawful entry into someone else’s home as well. And 2 years isn’t nearly enough. These rapist types never change their colors.
And not to blame the victim but if I was the husband I’d have broken his neck first then called the police to come pick up his carcass.
This man deserved more time in jail.
What if the husband was not home? He would have proceeded with his intended act.
What is not clear is why the door was not locked. And why he chose this house. And how do you go straight into the living room instead of the bedroom?
Maybe this same woman is the same Mwaba
He took advantage of the quarrel and there being no electricity in the compound
@Indigo Tyrol mmmmm,,,are we reading the same article or is my comprehension questionable?
I do not see anything in the story that says or suggests that this happened in the living room or that the door was not locked!