A 36-YEAR-OLD bricklayer of Buntungwa township in Luanshya has been sentenced to 15 years imprisonment with hard labour by the Ndola High Court for indecently assaulting his 10-year-old stepdaughter.
This is in a case in which Abute Kasweka of house number 255 pleaded guilty to indecent assault.
Passing the sentence on Monday, High Court judge Mubanga Kondolo said the offence Kasweka committed is serious because the girl is his stepdaughter and he breached the trust on the part of his family.
“This is a very serious offence. The child involved was only 10 years old and she is your stepdaughter. It is also a breach of trust on the part of your family because they cannot trust you anymore.
“I, therefore, sentence you to 15 years imprisonment with hard labour with effect from the date of your arrest,” Mr Justice Kondolo said.
He granted Kasweka leave to appeal to the Supreme Court within 14 days.
In mitigation through his lawyer Jonas Zimba, Kasweka asked the court to be lenient on him because he is the breadwinner of the family.
Kasweka, on April 17 this year in Luanshya, unlawfully and indecently assaulted his stepdaughter.
During trial, the girl testified that on the fateful night her mother returned home from a drinking spree around 20:00 hours and proceeded to sleep while she remained to prepare supper for the family.
She told the court that Kasweka later arrived at home, she opened the door for him and served him supper.
The girl testified that Kasweka then went to wake her mother up but she was too drunk to respond.
She recounted that Kasweka instead called her and asked her to undress but she refused.
Kasweka then forcibly undressed her and took off his cloths.
She testified that Kasweka began to fondle her private parts while touching his genitals.
In defence, Kasweka claimed that he was left with no option but to touch the girl’s private parts to relieve himself because he wanted to have sex with his wife but she was too drunk and incapable.
kakolwe
October 30, 2014 at 7:33 am
SH!T!!!!
Charge the drunken wife also for negligence!!
Naiwe wine ciswine, why did you not fondle your drunk wife’s labia majora, were they drunk too!! We will see how you will relieve yourself in jail.
kasantana
October 30, 2014 at 8:14 am
ubwalwa mulenashako imwe bantu,apo pene abakashi balimutulo iwe ngawatampile fye ukunyenga mpaka babuka,tabaisele pa chiweno iyo.
Judge Joe Bidden
October 30, 2014 at 8:36 am
10 yr old cook supper for the family as she goes drinking why didn’t he just release on wife face so she wakes up with sealed eyes and mouth
Judge Joe Bidden
October 30, 2014 at 8:49 am
15yrs was excessive sentence touching and penetration are 2 different things. Man go appeal in 14 days she didn’t lose her virginity unless kalatombesha these kids you never know.
P.krester
October 30, 2014 at 9:19 am
you ar jst an imbecile amaule ubwingi mu bar waikata umwaice
major chileshe
October 30, 2014 at 9:40 am
Ngawasendelefye ihule chikala,nomba wamona naiwe nomba mu jele walasanguka ihule lyaba kaili
moses bwalya
October 30, 2014 at 11:29 am
Anatemelera ya mbuzi
IF NOT
October 30, 2014 at 12:18 pm
abaume bamo kwena bamufulo, pantu fye ni stepdota efyo wingacita ifyo kwena? kabakukake elyo umukashi obe ukasanga alifwa ku bwalwa nangu alyupwa.
lovey dovey
October 30, 2014 at 12:48 pm
ata!! Chi kasweka ulichi bwa
sassy
October 30, 2014 at 2:27 pm
Da man need 2 b castrated,y did he nt go ku bar 4 a hule? Sum men are so selfish,you bang da mother as well as da daughter……15 yrs is ok for this bastard….
herve starlin
October 31, 2014 at 10:35 am
honestly bufi alebepa. umukashi nganalala you can still fondle her. alekumbwa umwana. drunken state ya wife was an excuse and opportunity to have his wish. icipuba. abanakashi ubwingi mu calo. you just walk abou you will find them calling sweetheart already elo uye mukucita fondle umwana wa 10 years? bwambanshi buli pa mwana wa 10 years?