- Stay Connected
Socialize
Disabled Man Gets 40 Yrs for Defilement
By NANCY SIAME
THE Ndola High Court has sentenced a physically challenged man who overpowered an 11-year-old girl and defiled her in a toilet to 40 years imprisonment with hard labour.
High Court judge Isaac Chali sentenced Yandikani Banda, 37, a tailor of Ndola’s Nkwazi township after he was convicted of the offence at the lower court.
“I find that the accused’s defence was an afterthought as he did not challenge the prosecutrix’s evidence,” the judge said.
Particulars of the offence are that Banda, on July 2, last year in Ndola, had unlawful carnal knowledge of a girl under the age of 16.
In mitigation, Banda pleaded for leniency that he is a first offender and that he is married with three children.
Banda also said that he is a disabled man who cannot manage prison life and has been in custody since last year when he was arrested.
During trial, the juvenile, a Grade Four pupil at Ndola’s Kalewa Primary School, told the court that on the material day around 08:00 hours, she was at home with her sibling when Banda called her.
She said Banda asked her to take a metal lid to go and cover the pit latrine, which she did.
“I did not know that he was following me behind and when I reached the toilet, he covered my face and had carnal knowledge of me,” she said.
The juvenile said he held his crutches in one hand and held her leg in one hand and she fell down and he defiled her.
She said Banda closed her mouth and she could not scream for help and after the act, he gave her a K10 so that she could not tell anyone.
“He told me that if I tell anyone, he would throw himself in the river and I will be to blame because there would be no one to take care of his children,” the juvenile said.
When put on his defence, Banda said he knew nothing about the incident and was just surprised when the mother of the juvenile accused him of the offence.
Passing judgment, Justice Chali said the lower court was right to convict Banda as there was enough evidence against him.
“I sentence you to 40 years imprisonment with hard labour, you have the right to appeal within 14 days if you are not happy,” Mr Justice Chali said.
Posted by
jj
December 25, 2013 at 11:14 am
Ba Banda mulichipuba amaule ubwingi mwasenda umwana wakuifyalila na 40 yaichepa.
mmc
December 25, 2013 at 11:28 am
sad story
ayoba
December 25, 2013 at 12:53 pm
I hope you enjoy prison life as your fellow inmates turn you into a wife. Banda ndiwe chishilu.
cimbusa
December 25, 2013 at 1:52 pm
why not life,ma rubish ya muntu,useless banda u a unwise
Jahali jahari
December 25, 2013 at 8:06 pm
Too bad for the girl to treated like that,as for the chipata banda may u reap what you soar
NICHOLAS
December 25, 2013 at 10:34 pm
This is normal for wise men from east province
SEKOPONOKE
December 26, 2013 at 8:31 am
Hichilema
umwina luapula
December 26, 2013 at 8:31 am
useless chipata chi banda so ngani cena calemona tailorin business elo ingakulilako u just did that for retuals u fool.
gile
December 26, 2013 at 8:49 am
a banda mwatiseybanaya ni nyele ya bwanji kansi kuliye mahule
Shottas
December 26, 2013 at 9:53 am
Young ones should respect older ones ukutemwa ukulomba ama 2kwacha this is wat u get
John
December 26, 2013 at 11:02 am
This is a Banda from nowhere. shame upon you ****** creature. infact he should been a death sentence!!!!!!!!!!!!!!!!!!
John
December 26, 2013 at 11:03 am
may be he is a banda from muchinga
KALALUKA
December 26, 2013 at 1:29 pm
Mr banda wherever u ar repent coz the kingdom of God is at hand.be muleicindika muli bakulu.
cuctustwo
December 26, 2013 at 2:07 pm
“I sentence you to 40 years imprisonment with hard labour, you have the right to appeal within 14 days if you are not happy,” Mr Justice Chali said.
I HAVE NEVER HEARD OF A PERSON WHO was HAPPY FOR ANY SENTENCE.