Chinsali Man 37, convicted and committed for defilement

Chinsali Man 37, convicted and committed for defilement

Chinsali, June 26, ZANIS… The Chinsali Magistrate’s Court in Muchinga Province has convicted and committed a 37-year-old man to the High Court for sentencing after he was found guilty on charges of defiling his 10-year-old step daughter.

Appearing before Magistrate Shedrick Chanda for judgment yesterday was Joseph Kabuswe of Chiuunda Village in Chief Chibesakunda`s area in Shiwang`andu district charged with one count of defiling a minor.

Facts presented before the court were that Kabuswe on the dates unknown but between  January 1 and April , 15 2013, did have canal knowledge of his10 –year- old step daughter contrary to Section 138 (1) and amendment Act No. 3 of 2011 as read with amendment Act No.15 of 2005 Penal Code Chapter 87 of the Laws of Zambia .

Magistrate Chanda said he had found Kabuswe guilty as charged following the evidence from the four witnesses.

T he victim testified that the incident occurred when her mother went to Mulilansolo Mission Clinic and left her at her grandmothers’ place.

She said on the date unknown but between January 1 and April 15, 2013 she went to visit the accused person with her younger sister at his dwelling place and that Kabuswe later picked up an axe and a sack and asked them to accompany him to the cassava field.

The Minor narrated that while in the cassava filed her step father told her younger sister not to follow where he was taking her.

She further added that away from her sister, her step father Kabuswe then undressed her and had canal knowledge with her in the cassava field under a tree and he later got leaves from a tree and cleaned her private parts.

The Victim told the court that her step father also threatened her saying he would kill her if she shared with anybody about what had transpired.

In passing judgment, Magistrate Chanda said the case before him has a minimum sentence of 15 years and with the powers invested in him, he could not preside over the matter and committed the convict Kabuswe to the High Court for sentencing.

The Magistrate said despite the convict having nothing to say in mitigation, the best way was to send him to prison saying the crime committed was an abomination.

He said it is a shame that one could reach an extent of defiling his own 10-year old step daughter when they were so many prostitutes around.

The Magistrate added that the nation had lost its morals; hence the need for people who behave like Kabuswe to be punished heavily in order to deter other would- be offenders.

Magistrate Chanda further ordered that Kabuswe be remanded in custody until a date is set for him to appeal in the High Court.