Court slaps teen with a five-year- jail term for defilement

The Mangochi Second Grade Magistrate Court on Monday convicted and sentenced an 18-year–old man to five years imprisonment with hard labour for the offence of defilement which is contrary to section 138 of the penal code.

The court heard that Abdul Daudi, on the night of 5th and 6th April this year at Kalichero village in the district, had carnal knowledge of a girl (name withheld) under the age of 16 years.

Police prosecution witness, Inspector Efford Kamphonje testified in court that the accused, purportedly using superstition, pushed the door of the house the victim was sleeping in and went to her bedroom to defile her.

“The accused, your worship, after sneaking magically into the house went straight to the girls’ bedroom and opened the legs of the victim and twice had sexual intercourse with her while she was fast asleep,” Kamphonje said.

Kamphonje further told the court that the accused attempted to do the same for the third time at dawn, waking up the girl in the process. Upon checking her genitals, she found some semen in it.

“The victim shouted for help and when her mother heard the screaming, she rushed to her daughter’s bedroom and caught the accused person who at that point, was attempting to escape,” the court learnt.

Kamphonje said the accused failed to give a proper account of why and how he was found in the house when all the doors were locked before being taken to Chimwala Police Unit.

A medical report obtained from Kukalanga Health Centre corroborated that the girl had been defiled. The court also learnt that the accused tested HIV positive.

Passing sentence, presiding Magistrate Pyson Mwenyali said since the maximum punishment for the offence was death or life imprisonment, it was imperative for the court to give a stiffer penalty given the circumstances under which the crime was committed.

“Irrespective of the mitigating factors, the court has been compelled to arrive at custodial punishment considering that the offence committed is so serious in nature,” Mwenyali said.

“Although the convict is young, he still has to be taught that defilement is a dirty game for young children,” he said, adding that what was even more disturbing was the fact that the convict is HIV positive thereby the possibility of infecting the victim could not be ruled out.

Mwenyali lamented that the conduct by the convict was tantamount to killing and that the court had passed a stiff sentence in a bid to deter other would – be offenders from committing a similar offence.

He, therefore, ordered that the convict should be committed to Bvumbwe Reformatory Centre since he is young.