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A BUS conductor of Mwinilunga has admitted to defiling an eight-year-old girl because women turn down his love proposals.
Javed Kanyungula, 41, of Nkuwa Village pleaded guilty before a Solwezi magistrate’s court, to defiling the girl on October 27 last year.
Kanyungula told the court that he was aware of the girl’s age, but that he had sex with her, while she was travelling with her parents because women turn down his love advances.
“I admit the charge, I was fully aware of the girl’s age, older women usually refuse when I propose love to them, that’s how I went after the girl and had sex with her only once at the station on the bus,” he told the court.
According to a statement of facts before the court, the girl was travelling with her parents from Ikelengi to Solwezi and when they reached Mwinilunga, they did not find any bus going to Solwezi at the time.
The girl’s parents then bought tickets for the next day’s bus and requested the conductor to allow them to sleep on the bus.
Around 01:40 hours, the girl’s father was awoken by shouts of help from his daughter and when he checked he found the accused having sex with the girl.
Upon Kanyungula’s own admission, the court referred the matter to the High Court because it was beyond its jurisdiction.
However, Kitwe High Court Judge Chilombo Phiri ordered for a re-trial in the case to ascertain the accused person’s state of mind.
Ms Justice Phiri made the order after Kanyungula’ lawyer applied under Section 17 of the Criminal Procedure Code to be medically examined to ascertain his state of mind at the time the offence was committed because he had in the past showed signs of mental disorder.
The Judge observed that the issue of mental disorder was not raised when Kanyungula took plea and was of the view that to inquire into the state of mind of a convict at the time of the offence after conviction, was unattainable at law.
Ms Justice Phiri said the question of mental state should be determined at the time of taking plea or during trial.
She, therefore, quashed Kanyungula’s conviction and ordered that the case be tried by a different magistrate of similar jurisdiction.
Times of Zambia
