AN 83 year old man caused laughter at the Kabwe magistrate when he danced outside the court premises after he was acquitted of defilement.
Fungalani Ngoma of Magodi Township danced with jubilation as he walked outside the court premises after the court acquitted him of defilement.
This is in a case Ngoma was charged of having canal knowledge of a 13 year old girl of the same area on the 24th of September 2015.
It was alleged that on the fateful day Ngoma met the victim on her way back from school and asked her to assist him washing his plates.
The court heard that Ngoma then forced himself on the child and had canal knowledge of her and that he also gave her K1 in order to keep quite but that she reported the matter to her mother.
The girl’s mother Christine Banda later reported to the police where the defendant accepted defiling the girl.
Ms Banda told the court that after her daughter reported she carried out a physical inspection and found that she had cuts on her private parts and her underwear was stained with blood and white discharge.
But magistrate Sebastian Mwenya said the prosecution had failed to prove beyond reasonable doubt that the defendant had defiled the juvenile.
He said witnesses failed to provide adequate evidence and even gave contradicting statements which made it difficult for him to establish that the defendant was guilty.
Magistrate Mwenya said the girl’s mother failed to show conclusive evidence like her underwear which they claimed had blood stains and white matter to the court.
“It is unfortunate that you people failed to produce things like the girls underwear which you claim was stained with blood and white discharge,” he said.
He told the court that he suspected the plaintiff’s mother fabricated the story in a bid to get back at the old man who was in a relationship with the victim’s grandmother.
“I have not found Mr Ngoma with a case to answer it is for this reason that I have acquitted making him a free person,” he said.
But the victim’s mother who was visibly shocked could not hide her disbelief and shed tears after hearing the verdict.
Civic education is what is lacking in Zambia. I am sure the mother to the girl quickly threw all her clothes in a basin of hot water and washed them thoroughly, destroying any corroborating evidence. The dancing man must thank his lucky stars and not use this as an opportunity to defile (again or ever). Now shake hands, kiss and make up!
this story lacks merit…first we are told by the headline that the reason for acquittal was that witnesses did not show up….the story also mentions of the accused having accepted the charge….what is this story about kanshi…
…sorry…..witness failing to provide evidence….
In such a case it’s not the complainant who provides the evidence but the police. Where are the police in this case?
Comment:defilement has become a pinfall case to reap money or settle scores of adults in dispute watch out you ll be the next viictim