A 39 year old man of Kapiri Mposhi District of Central Province, Kisco Mukwato, has been committed to Kabwe High Court for sentence for the offense of defilement.
Mukwato stood charged with the offense of child defilement contrary to Section 138 (1) of the Penal Code Chapter 87 as read with Act number 15 of 2005 and Act number 2 of 2011 of the Laws of Zambia.
Kapiri Mposhi Resident Magistrate, Mwila Malupande, referred Mukwato to the High Court for sentence as it is beyond her jurisdiction and the offense carries a minimum of 15 years.
Particulars of the offence are that on the 8th of September, 2024 in Kapiri Mposhi district, Kisco Mukwato had unlawful carnal knowledge of a girl under the age of 16.
Facts before the court were that Mukwato and the minor were neighbours and on the material day which was a Sunday, the parents of the girl went to church. When Mukwato noticed that the girl was home alone he went over and started chasing her while telling her to stop running and when she stopped, he grabbed her and carried her to his house where he had carnal knowledge of her in his house and went to drink after the act.
When the parents of the victim got back home from church, the matter was reported to Kapiri Mposhi Police Station where a medical report was issued.
The victim was also taken to Kapiri Mposhi Urban Clinic for medical examinations where it was determined that she was indeed defiled and had contracted sexually transmitted infections (STIs) namely Syphilis and Hepatitis B.
Upon being interviewed in the language he understood very well, which was Bemba if he understood the offense, Mr Mukwato agreed and was arrested.
In trial Mukwato pleaded not guilty claiming that on the said date, the 8th of September, 2024, he went to a place where they sell charcoal and he later went out drinking.
He further told the court that he had witnesses that could testify of his whereabouts on the material day but failed to present them before the court.
However, Magistrate Malupande found the accused guilty as charged and committed him to Kabwe High Court for sentencing.
