Mzimba Senior Resident Magistrate Court has convicted and sentenced 40-year-old Chimwemwe Zimba for defiling his 9-year-old biological daughter at Embangweni in Mzimba district.
The court heard through State Prosecutor Sub-Inspector Patrick Lungu that during the night of 29 August this year, the convict who was sleeping together with his wife and two children on the same mat, asked for sex from his wife but she refused. During the dawn, he turned to his daughter and defiled her.
The victim cried for help but the mother didn’t hear anything.
Zimba then threatened his daughter not to reveal the ordeal.
On 30 August, the victim went to school and had difficulties walking. Her mother asked her but she said nothing.
On September 1, 2021, the victim’s grandmother checked her and found that she was injured internally and had an infection.
The matter was reported to Embangweni Police Post where the victim was referred to Embangweni Mission Hospital before being referred to Mzimba District Hospital.
Zimba was arrested by community policing personnel who took him to Embangweni Police Post where he admitted to having committed the offence following his wife’s refusal to offer him matrimonial intimacy.
Appearing before the court, Zimba pleaded not guilty to the charge levelled against him which prompted the State to parade four witnesses who proved the case beyond a reasonable doubt.
In his submission, Lungu prayed for a stiffer sentence saying Zimba had a responsibility to protect his child. He further said that the victim was psychologically affected due to the trauma.
In mitigation, Zimba prayed for leniency
saying his wife cannot manage to take care of the family.
Passing sentence, Senior Resident Magistrate Mathews Msiska concurred with the State and slapped Zimba with 21 years IHL.
Zimba hails from Chimgadabu Village in the area of Traditional Authority Mzukuzuku in the district.
