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The Lusaka Magistrate’s Court has sentenced a 27-year-old builder to two years imprisonment with hard labour for attempting to rape a 30-year-old woman he had escorted to the police to report her husband.
Mathews Mtonga of Ng’ombe Township in Lusaka was facing one count of attempted rape.
Allegations were that on August 23, 2022, Mtonga attempted to rape Tryness Mvula without her consent.
The accused denied the charge, but evidence was that on the material day, Mvula had an altercation with her husband.
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She then went to Ng’ombe Police Station to report a case of malicious damage to property against her husband Josphat Zulu.
Police then asked her to look for some money.
On her way back home, she met Mtonga, whom she knew as Pilato, who offered to apprehend her husband and take him to the police station in connection with malicious damage to property.
Evidence is that Zulu [the husband] was detained at the police station and the court heard that Mvula then confided in Mtonga and explained to him that her husband had beaten her despite the fact that she had been financially supporting him.
But before Mvula could get home in the evening, Mtonga tried to force himself on her by grabbing her in the neck.
The woman, who wore jeans, fell down and Mtonga went on top of her. At this point, a vehicle driving by flashed some lights as the accused fled the scene.
The victim reported to the police and the accused was later arrested.
In his defence, Mtonga denied the allegations but admitted having met Mvula and that he stayed with her from 17:30hours up to 21:00hours.
He claimed that he had met the victim with two other women and was with them from 17:30 to 21:00 on his birthday at a bar in the township.
Mtonga said Mvula confided in him that her husband was abusive and that he later helped to have him apprehended.
He said the victim later told him that she wanted to sleep at his house since it was near the drinking place.
The court heard that Mvula then asked the accused to escort her to her house to lock it up.
When they arrived at the house, Mvula’s relatives pointed at the accused and identified him as the person who helped to have Zulu apprehended.
The accused said Mvula pretended not to know him and accused him of trying to rape her.
Magistrate Idah Phiri said the evidence was collaborative and linked the accused to the offence.
“I find the accused guilty and convict him,” magistrate Phiri said.
In mitigation, the accused pleaded for lenience because he is an only child fending for other relations.
“This is an offence I cannot commit. God is my witness,” he said.
But the magistrate said while he deserved leniency as a first offender, the case has been rampant in Lusaka and she needed to punish offenders to deter others.
“I sentence you to 24months imprisonment with hard labour,” she said.
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