A 33 year old Seventh Day Adventist (SDA) Church elder has been convicted for defiling and impregnating his 14 year old step daughter.
Before Kapiri Mposhi Magistrate, Brenda Chiganda was Richard Chibuto of Plot number 252 Fairview Compound an SDA Church elder and businessman who stood charged with one count of defilement.
This is contrary to Section 138(1) of the Penal Code Chapter 87 as read with Act No. 15 of 2005 and amendment Act No. 2 of 2011 of the Laws of Zambia.
Particulars of the offence were that Chibuto on unknown dates but between January and July 2018 had, on four occasions, unlawful carnal knowledge of his step daughter who was under the age of 16.
Earlier, Chibuto pleaded not guilty to the charge which led the prosecution to call six witnesses to testify during trial.
The first witness in this matter was the victim who gave an account of how his step father repeatedly enticed her to have sexual intercourse with him by offering her material and monetary gifts.
She stated that the accused repeatedly defiled her on four occasions between 3rd January and 4th July 2018 in his matrimonial bed.
She stated that the accused started defiling her when she remained with him and her three younger siblings after he chased her mother away from the matrimonial home following a marital dispute.
The complainant narrated how on one occasion, Chibuto lifted her from her bedroom which she shared with her siblings while, sleeping and took her to his matrimonial bedroom where he defiled her.
She testified that after being defiled on the first occasion she complained of pain on her private parts but Chibuto compelled her to sit in salty water for seven days to get rid of the pain.
The complainant revealed that the accused gave her K 30 on two occasions after defiling her.
After discovering that she was pregnant the victim narrated how Chibuto forced her to abort the pregnancy after she told him that she was pregnant.
She narrated that Chibuto threatened to kill her if she did not abort her pregnancy and if she told anyone that he had been having sex with her.
The victim fearing for her life, later disclosed the ordeal to some people who reported the matter to police which led to the arrest of Chibuto.
In making a ruling, Magistrate Chiganda stated that the evidence adduced by the witnesses was overwhelming and collaborated the findings of the medical examinations on the victim.
Magistrate Chiganda has since committed Chibuto to the High Court for sentencing and confirmation of the conviction as she does not have jurisdiction to pass sentences on cases that exceed a minimum 15 year custodial sentence.