The first grade magistrate court sitting at Nkhunga in Nkhotakota has convicted and sentenced Raphael Kasakula 21, to six years imprisonment with hard labour for raping a woman while her husband was fast asleep.
The court learnt that on the night of 16 August this year, the woman (name withheld) and her husband retired to bed after taking supper but as they were fast asleep,Â the woman dreamt of someone making love to her.
When she woke up, she found someone on top of her doing exactly what she had earlier dreamed of.
What surprised the woman was that the man on top of her wasÂ smelling beer of which her husband doesnâ€™t take.Â She later realised that her husband was beside her fast asleep and at this point, she cried for help.
the suspect was arrested and was taken to Nkhunga police by community policing members and the woman was referred to Nkhunga Health Center where findings indicated that the woman was raped.
Appearing in court on August 21, 2020 suspect pleaded guilty to the charge of rape which contravenes section 133 of the penal code and in mitigation, the convict prayed for leniency saying he is the sole bread winner for his family of two.
But in itâ€™s submissions, the state said the offence committed is serious in nature and the convictâ€™s conduct could not only spur the spread of HIV-Aids but Covid-19 as well.
To deter other would be offenders, it prayed for stiffer sentence to the convict.
Presiding magistrate Kingsley Buleya concurred with the state and sentenced the convict to six years imprisonment with hard labour.
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