THE High Court has sentenced a 62-year-old man to 25 years imprisonment with hard labour for defiling a 10-year-old girl. This is in a case Levy Zimba of Ngwenya Township in Livingstone is charged with defilement. On July 6, 2018 around 18:00 hours, in Livingstone, Zimba had unlawful carnal knowledge of a girl under the age of 16.
Evidence before High Court Judge Chilombo Phiri is that the Grade Two pupil was lured on the material date between 18:00 hours and 19:00 hours by Zimba, who enticed her with sweets and Jiggies [snacks]. The girl, however, responded in the negative whilst playing with her friend but Zimba persuaded her to his home, where he later undressed her. The child narrated how he defiled her and that she felt pain as Zimba defiled her.
The court heard that as the girl left Zimba’s house, he gave her a K1 coin which she threw away in protest. The girl later met her mother, who inspected her private parts as she was crying and the matter was reported to Mbita Police Post before they were referred to the hospital. When the matter came up for sentencing, Judge Phiri said she had considered the preliminary issues raised by both the State and defence.
Judge Phiri said the medical report was consistent with the circumstances and that a medical report had clearly stated that the hymen was intact. She said the presence of semen in the vagina is, however, a clear indication that there was penetration. Judge Phiri, therefore, found no basis for reviewing the confirmation of the conviction by the lower court. In mitigation, Legal Aid Board lawyers asked the court to consider that Zimba is a first offender. The lawyers said Zimba is remorseful for his actions and is advanced in age.
“He is a bread winner, father of five children whom he pays school fees for, he is asking for maximum leniency from the court,” the lawyers stated. In sentencing Zimba, Judge Phiri considered his age. Judge Phiri, however, said the convict knew what he was doing when he decided to defile a 10-year-old girl, which is aggravating. “I, therefore, sentence you to 25 years imprisonment with hard labour, you are informed of your right to appeal to the Court of Appeal within 14 days,” she said