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THE Luanshya Magistrate’s Court has committed a 32-year-old man to the High Court for sentencing after convicting him of sodomising a five-year-old boy.
This is in the case of Chilufya Mulenga, a garden boy of house number KT 25, Kambilombilo in Luanshya, pleaded guilty to an unnatural offence.
The offence is contrary to Section 155 of the Penal Code Chapter 87 of the Laws of Zambia.
Magistrate Edward Banda on Monday convicted Mulenga on his own unequivocal plea of guilty.
The magistrates court has no jurisdiction to sentence a convict in such a matter.
“This offence carries a minimum mandatory sentence of 14 years and this court lacks jurisdiction to sentence you,” Mr Banda said.
Particulars of the offence are that Mulenga on July 4, 2013 in Luanshya, had unlawful carnal knowledge of a five-year-old boy against the order of nature.
“You will be remanded in custody until the next sitting of the Ndola High Court where you will make your mitigation and you will be sentenced from there,” Mr Banda said.
Facts before the court are that on the material day, the boy’s father engaged Mulenga to do some work at his house. He went out and left Mulenga with his four children.
Mulenga took advantage of the man’s absence and had sex with his son. The court heard that Mulenga promised to give the boy some biscuits in exchange for sex and when he failed to keep his promise, the boy narrated the ordeal to his father who reported the matter to the police.
The court heard that the boy was issued with a medical report and taken to Thompson Hospital where he was treated.
Mulenga was apprehended and he admitted the charge after being warned and cautioned.
