The Itezhi Tezhi magistrates court has discharged a 27-year-old man of Itezhi Tezhi district who was accused of raping his aunt.
This is in case where Mweene of Mwaandwe village in Chief Shimbizhi’s chiefdom in Itezhi Tezhi district was charged with rape contrary
to laws of Zambia.Magistrates Mugala Chalwe discharged Mweene following an application by the prosecution that the complainant in the matter who is a key witnessed has remained untraceable.
Particulars of the offence are that on July 5, 2018in Itezhi Tezhi district of central province, Mweene has unlawful carnal knowledge of Amina Nkhumba without her consent.When the matter came up for trial, the prosecution applied for withdrawal of the case according to section 88 of the laws of Zambia.
The arresting officer in the matter Jimmy Chongo told the court that police have made frantic efforts to have witness before court but to no avail.
He told the court that Nkhumba has remained untraceable as she has relocated to Maala in Namwala district.Mr. Chongo further told the court that efforts are being made to have her testify in the crime.
Magistrates Mugala Chalwe then discharged Mwense but warned him that it was not an acquittal and that if the complainant becomes available to testify, he will be brought back to court on the same charges.