A 15-year-old mentally challenged juvenile who was allegedly defiled by a 31-year-old man of Chikaza Munyama chiefdom in Itezhi Tezhi district in Southern Province in March of this year has failed to testify before the Itezhi Tezhi Magistrates’ Court.
When the case was called back for a continued trial before Magistrate Mugala Chalwe, the victim was called to the stand to testify about how Gift Kainde allegedly defiled her.
However, in the witness stand, the court noticed that the victim was unable to speak and appeared to be extremely shy and despite numerous attempts to persuade her to testify, she refused.
Magistrates Mugala Chalwe stated that this could be because victims are sometimes afraid to confront their assailants.
Instead, the court requested that she be given more time to try again later.
As a result, the prosecution decided to call the two parents first to testify
The first witness was the mother, Maureen Chipali, 24, of Shinyambo village, who testified that on the material day, around 22:00 hours, there was a musical function at a Mr. Kasale’s bar.
She stated that she was tipped off to go see who his daughter was with, and when she arrived at the function, she saw the accused with his trousers pulled down to his knees and his arms around her daughter.
She claimed that when he confronted him, he became enraged and almost beat her, at which point she grabbed her daughter and took her home.
She testified that when they arrived at home, her daughter informed her that she had sex with Kainde and then she contacted the neighborhood watch.
Kainde was apprehended by the neighborhood watch and taken to the Chief’s palace, where he was later relayed to the Itezhi Tezhi police station.
At the police station the police issued a medical report form which she took Itezhi Tezhi District Hospital.
Mr. Milan Tentabunga, aged 42 of the same village in Chikaza Munyama Chiefdom, the victim’s father, testified that his daughter was born with a mental illness on March 18, 2007.
On 11 March 2022, he was informed by his wife that someone had carnal knowledge of his daughter and that the assailant had been apprehended and was at the chief’s palace.
He told the court that after being informed, he went to the location where he found the assailant, who was later driven to Itezhi Tezhi police station.
In this case, Gift Kainde aged 31 a farmer, is charged with defilement of idiots or imbeciles, which is a violation of Section 139 of the Penal Code Cap 87 of the Zambian laws.
Particulars of the offense allege that , on 11th March ,2022, in Itezhi Tezhi district of Southern Province , he had carnal knowledge of a named mentally ill juvenile , a girl he knew to be an imbecile or idiot.
Kainde was arrested without a warrant on 15th April 2022 after guardians to the victim reported him to Itezhi Tezhi Police station.
When the matter came up for plea before Itezhi Tezhi magistrate Mugala Chalwe last week, Kainde said he understood the charge and pleaded not guilty.
The matter has been adjourned to 23 May 2022 for continued trial.
Jesus, this is terrible reporting! Nichani kansi?
The father of the child must also be charged for defilement. .if the victim is 15years and the mother 24years then she gave birth at the age of 9years and the father was aged 26years.
So the father should be caged too
Upnd strongholds it’s like this.
You thief, with your big ugly nose stop being tribal just wait for you turn in prison
Hello Susan, I am fine thanks. I hope you are fine too. It becomes tribalism when the truth is pointed out. Is it not a upnd stronghold where this happened? You are a frustrated angry black woman hahaha