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Supreme Court Upholds 45-Year Jail Sentence Against Defiler
By MUBANGA NONDO
THE Supreme Court has upheld a 45-year jail sentence slapped on a peasant farmer of Chitoko Matushi village in Mufumbwe for defiling a 12-year-old girl.
This is in a case in which Mawengu Mikosa, 43, appealed against his sentence and conviction by the High Court.
Particulars of the offence are that Mikosa on December 2, 2008 in Mufumbwe, had unlawful carnal knowledge of a girl under the age of 16.
The offence is contrary to Section 138 of the Penal Code Chapter 87 of the Laws of Zambia.
Delivering judgment on Tuesday, acting Supreme Court judge Munalula Lisimba sitting in Ndola, said the trial court was alive to the fact that Mikosa was found with the girl and the medical report indicates that she was defiled.
Mr Justice Lisimba also said Mikosa admitted during his defence that he was found with the girl but that he merely talked to her.
He said he decided to uphold the sentence imposed on Mikosa because the aggravating factors had outweighed the mitigating factors in the case.
“In admitting that he was with the girl but that he was merely talking to her, he placed himself on the scene and he had an opportunity to commit the offence. The issue of mistaken identity was dismissed because the offence was committed during the day,” Mr Justice Lisimba said.
Evidence before the court was that on December 2, 2009 around 17:00
hours, the girl was on her way to a stream to fetch water when Mikosa dragged her into an unfinished building and had sex with her.
The court heard that when the girl’s mother noticed that her daughter had taken long to return home, she sent her older daughter to check on her.
The court heard that the girl heard her younger sister shouting for help from the unfinished building and when she entered the building, she found Mikosa having sex with her.
Posted by
AIDS patient
September 6, 2013 at 10:21 am
Ndomfwa bwiino ukuchita utwaiche tulomfwika bwiino nshakaleke nakambi mailo nalekatomba aka 12 years elo nisnhi ndina 24 years
nkamu
September 7, 2013 at 12:58 pm
Imbwa icipuba
Shi bukombe
September 6, 2013 at 11:44 am
Uli chipuba. Bu shilu.
musonda
September 6, 2013 at 11:44 am
Defilement is de worst thing esecially if it happens to someone dear to you. May the guilty rot in jail! Only the devil can allow that cruelty.
Stophilla Kalaba
September 6, 2013 at 11:56 am
The best is to lock up all those Witch Doctors who ur prescribing Defilement as a medicine for AIDS and as a concoction of getting rich. ****** Idiots. And the Men also, what is wrong with them?
Mabvuto
September 6, 2013 at 12:08 pm
he is even lucky his appeal was not heard by judge Gregory Phiri because he would have replaced it with life
mwamba 24
September 7, 2013 at 5:37 am
age is just a number,but look at her size… A 12yrs old with breast almost falling from her chest,like those for DOLLY PARTON.
Umupandapwiti
September 7, 2013 at 9:27 am
This man is a monster! He deserves a life sentence. Honestly, how can someone as old as him even think about having sex with a twelve year old?
Munyelo Pwete!
September 7, 2013 at 10:44 am
Problem abaiche ba these days ulemweba ati mwaiche alekwebati ndimukulu! What do you do with such girls? Leave them? No! Kukalya carefully knowing that consent of such girls is immaterial from the legal point of view. After all akana ka ngwena kakulila kwitete!
Christopher Chikwanda
September 8, 2013 at 7:12 am
Its in human to defile a minor or having sex without consent from the victim of any age. If animal avoid sex with little ones what more humam beings with five senses? such pipo needs to be caged and come out when he is 98 yrs old.