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A 27 year old taxi driver of Chipata compound in Lusaka has been convicted and committed to the High Court for sentencing by the Lusaka Magistrate Court for defiling a 12 year old girl of Garden compound.
Davies Muchemwa had earlier pleaded not guilty to the defilement the minor.
It is alleged that Davies Muchemwa on September 16, 2012 had canal
knowledge of a girl under the age of 16 contrary to section 138(1) Chapter 87 as read with Act No. 2005.
Facts before the court are that the accused took advantage of the victim after she approached him for help when she got lost at Marapodi Clinic where she had gone with her aunt on the material day.
The juvenile narrated in court that she found Muchemwa at the taxi rank in Marapodi and asked him to help her find her way home since it became dark and could not get hold of her aunt she had gone with to the clinic.
She said Muchemwa offered to help her and took her to his home where he forced her to have sex with him failure to which he would kill her.
The juvenile further testified that she managed to grab his phone in the night whilst he was sleeping and hid it adding that she went with it the following day when Muchemwa went to drop her at Kulima bus station.
She said she later called her uncle who picked her up from Kulima tower bus station.
Facts before the court are that the Muchemwa was later arrested after police traced him through his phone that the victim got from his house.
And in defence, Muchemwa denied that he did not touch or defile the juvenile but merely wanted to help her call her parents after she got lost and that he lost his phone in the night at the taxi rank and did not know how the phone was found with the victim.
And in passing sentence, Magistrate Wendy Chibesakunda said it was not in dispute that the victim had identified Muchemwa and that there was corroboration of evidence before the court that led to Muchemwa’s arrest and that the girl was picked up by him on the material day when she went missing.
The magistrate said the evidence by the medical doctor that the girl’s hymen was torn was also evident enough to show that the girl was defiled.
She said the evidence by Muchemwa’s wife that she slept at home with her husband on that particular night did not hold water as one of the witnesses testified that she had gone to attend a funeral.
Magistrate Chibesakunda said she has since found the accused guilty of
defilement and convicted him accordingly.
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