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Mzuzu Chief Resident Magistrate Court on Tuesday this week sentenced a 64-year-old man, Tenson Kalua to 14 years imprisonment with hard labour (IHL) for allegedly defiling his nine year-old step daughter contrary to Section 138, Subsection 1 of the Penal Code.
Police Prosecutor, Sub Inspector Felix Senzani told the court that Kalua got married to a woman who was divorced by another man and left her with three girl children, the youngest was six years of age.
“The woman later went to South Africa for employment leaving the three children behind with Kalua,” explained Senzani.
He said the girls were first sleeping in one room but later, Kalua decided to separate the youngest girl from the others and told her to be sleeping at the sitting room where he had been defiling her between the months of June and October, 2017.
“The other children became suspicious and reported the matter to their grandmother who decided to withdraw the girl from the family.
“However, Kalua went to the village where the girl was staying and took her to his village without the knowledge of her grandmother,” Senzani told the court.
He then asked the court to give the accused a stiffer punishment on grounds that he premeditated and planned well before committing the offence as he started defiling the girl repeatedly the moment her mother left for South Africa.
“Your Worship, it is evident that cases of this nature are now common in the country and a day cannot pass without a girl being defiled.
“Courts must be vigilant in protecting the girl child by imposing long custodial sentences to deal with this unbecoming behaviour,” he appealed.
In his mitigation, Kalua who is a retired teacher, pleaded for the court’s leniency saying he is the only bread winner for his family.
Passing the sentence, Chief Resident Magistrate Gladys Gondwe concurred with Senzani on the need for the court to give Kalua a stiffer punishment, hence the 14-year imprisonment with hard labour (IHL).
Section 138, Subsection 1 of the Penal Code stipulates that any person, who carnally knows any girl under the age of 16 years, shall be guilty and shall be liable to imprisonment for life.
