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A 40-YEAR-OLD man of Hillcrest Extension in Ndola has been sentenced to two years imprisonment with hard labour for assaulting a 59-year-old woman who denied him sex.
Principal resident magistrate Obbister Musukwa convicted Richard Kunda of an unknown house address in Hillcrest, Ndola.
Kunda had on August 9, this year, in Ndola, physically assaulted Stella Mumbeshe, while she was dragging him out of her house where he had hidden in a bid to have sex with her.
He denied the charge. Mr Musukwa convicted Kunda, saying he was satisfied that the man committed the offence after considering the evidence by the prosecution.
He observed that it was odd that Kunda wanted to indulge in sex with a much older woman and despite the fact that he was a married man.
“You have a wife of your own, but you entered into the house of a woman old enough to be your mother, leaving your wife at home.
“Your actions cannot be condoned as there is an escalation of gender-based violence cases against women. And in a bid to curb the trend, I’m of the view that a custodial sentence is the most appropriate in order to deter would-be offenders. I therefore sentence you to two years imprisonment with hard labour with effect from today,” Mr Musukwa said.
He granted the convict leave to appeal to the High Court within 14 days.
In mitigation, Kunda asked the court to be lenient on him as he was a married man with three children. He said he did not realise that his actions would cause injury to the complainant.
Evidence before court was that on the material day, around 21:00 hours, Kunda sneaked into Ms Mumbeshe’s house and hid behind a drum in the siting room, while she was in the bedroom.
The complainant was then alerted by one of her children who was playing outside that she had seen Kunda enter their house.
And when Ms Mumbeshe checked around the house, she found Kunda behind a drum. She pulled him by his shirt, while dragging him outside. He reacted by twisting her right arm before smashing her face on a concrete floor. She sustained facial injuries.
Further, the court heard that Kunda’s wife had on several occasions warned him against flirting with Ms Mumbeshe.
During his defence, Kunda admitted having entered Ms Mumbeshe’s house and hiding behind the drum. He, however, said his intention was to have sex with the complainant’s daughter.
