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Suspected Luwingu District defiler committed to High court
Luwingu, 15th February 2013 -ZANIS- A 26 year old man of Kapisha village in Chipalo of Luwingu district in the Northern Province who defiled a 14 year girl in October 2012 has been committed to the high court for stiffer sentencing by the magistrate court.
This is in a matter in which the accused is alleged to have defilement a girl under the age of 16 contrary to section 138 (1) of the penal code chapter 87 of the laws of Zambia.
Appearing before magistrate Davy Simfukwe was Peter Bwalya 26 of Kapisha village in chief Chipalo area.
Particulars were Bwalya on 18th October 2012 was caught red hard by the father of the girl having canal knowledge with a girl on the banks of Kapisha stream where she went bathing.
Mr. Simfukwe said although Bwalya pleaded not guilty to the charge, the totality of evidence produce by the state prosecution where overwhelming.
He noted that the offense for which the accused person (Bwalya) had been convicted of carries a mandatory minimum punishment for which his court had no jurisdiction hence such cases are referred it to the high court for sentencing.
Mr. Simfukwe said he however satisfied that prosecution have proved beyond reasonable doubts against the accused person. “I find the accused guilty of the offense of defilement contrary to the laws of Zambia,” he said.
Mr. Simfukwe said in line with the provision of section 217 (1) of the criminal procedure code chapter 88 of the laws of Zambia, he committed Bwalya to the high court of Zambia for stiffer sentencing to deter would be offenders.
Meanwhile Mr. Simfukwe has observed that defilement cases in Luwingu district in the Northern Province are on an increase adding that it is the duty of court to impose stiffer penalty to deter would be offenders.
He said almost every month reports of men arrested for defiling children are increasing while the number of unmarried women is so high and alarming.
Mr. Simfukwe lamented those women patronizing bars at night are looking for men to marry but one wonders why they choose to pick under aged children.
He warned that the court will not spare but impose stiffer penalty until the vice come under control. “nifishi mufwamo muli abana abanono mushe, ( what sexual satisfaction do you get from under aged girls ) ?” asked magistrate Simfukwe.
