THE Chipata High Court has sentenced a 29 year old man of Sinda district to 20 years imprisonment with hard labour for defiling his ten year old niece.

Appearing before Lusaka based Judge Mwila Chitabo for sentencing was Kafita Banda who was charged with one count of defilement.

Facts of the matter were that Banda, on April 18th 2016, had carnal knowledge of the minor, contrary to the laws of Zambia.
In mitigation, the convict who spoke through Senior Legal Aid counsel John Phiri asked the court to exercise lenience as he was a first offender who was sorry for his action.

He said the convict was a young man who could easily be rehabilitated if given another chance.

But when passing ruling, Judge Chitabo said the court had heard his mitigation but stated that at his age, the convict was expected to show leadership in society and protect the wellbeing of children.

He said he was satisfied beyond reasonable doubt that Banda had carnal knowledge of a minor after carefully considering the record of proceedings from the lower court and looking at the medical report presented to the court.

He said the convict’s action would have a long time psychological problem on the victim and therefore, sentenced him to 20 years imprisonment with hard labour, with effect from the date of his arrest.

The Judge advised Banda to appeal to the Higher Court if he was not satisfied with the ruling.

In a related development, the Chipata High court sentenced a 26 year old man of Katete district to 25 years imprisonment with hard labour for defiling an 11 year-old girl.

Appearing before Lusaka based Judge Mwila Chitabo with one count of defilement was Size Banda.

Facts of the matter were that the convict on January 5th 2017 had carnal knowledge of the 11-year-old.

Judge Chitabo said after carefully considering the proceedings tried by the lower court, he is satisfied that Banda had carnal knowledge of the victim.

In mitigation, the convict who spoke through Senior Legal Aid counsel John Phiri asked the court to exercise lenience, as he was a first offender who is sorry for his action.

He said Banda was a young man who can easily be rehabilitated.

But when passing ruling, Judge Chitabo said the court had heard his mitigation but that it was unfortunate that convict forced himself on a minor even when she tried to escape from him.

He therefore, sentenced Banda to 25 years imprisonment with hard labour, with effect from the date of his arrest.

The Judge advised him to appeal to the higher court if he was not satisfied with his ruling.