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A 28-year-old bus conductor faces a minimum jail sentence of 15 years after the Lusaka Magistrates’ Court committed him to the High Court for sentencing for defiling a mentally challenged minor.
In this matter, Mofya Chibesa, was charged with defilement of imbeciles, which is contrary to Section 139 of the Penal Code Chapter 87 of the Republican laws.
Read more: Court finds man guilty of defiling mentally challenged juvenile
It was alleged that on March 26, 2023, in Lusaka, Chibesa had unlawful carnal knowledge of the girl, 13 , knowing the child to be mentally challenged.
He had pleaded not guilty to the charge.
During trial, the victims grandmother narrated to court that on the fateful day, around 17:00 hours, she left for the market while the child remained home washing plates.
But on her return from the market, she was shocked to find the granddaughter not home and she was told by some boys who were playing outside that they had seen her at a nearby house.
When she went to the house in question, it was locked and called out her granddaughter’s name, who later answered.
She peeped through the window and saw the victim with the convict, she immediately broke the door to the house.
When she entered, Chibesa said ‘sorry’ and later run away.
The matter was reported to the police and a medical examination confirmed the child had been defiled.
In his defence, Chibesa told the court that the wife had gone out to visit her parents and the victim had followed him after coming from church.
He was surprised to see a crowd at his house accusing him of defiling the girl and was sprayed pepper on the face.
In rendering judgement, Magistrate Mutinta Mwenya said medical examination conducted on the girl at Chawama Level One hospital confirmed that she had been defiled.
She said in as much as the girl could not testify because of her mental condition, the grandmother testified that she found the girl in Chibesa’s house and he only opened after she knocked three times.
“I find your testimony incredible when you submitted that the girl followed you when you were coming from church. Why didn’t you decide to close the door? So the accused was aware that the victim is an imbecile because it is visible,” she said.
Magistrate Mwenya found Chibesa guilty of the offence and convicted him accordingly.
Chibesa was committed to the High Court for sentencing as the Magistrate court had no jurisdiction.
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