Sat, 10 Feb 2018 10:41:47 +0000
By JOSSY CHAIMA
THE Kitwe High Court has sentenced an unemployed man of Chingola to 30 years imprisonment with hard labour for defiling an 11-year-old girl.
And the same court has jailed a 42-year-old man of Chililabombwe 10 years with hard labour for vandalizing Zambia Railways Limited property worth K7, 372.
Before Judge Mercy Makubalo was Million Phiri, 40, who was charged with one count of defilement, contrary to Section 138 of the Penal Code, Chapter 87 of the Laws of Zambia.
Particulars of the offence were that on June 18, 2017 in Chingola, Phiri had carnal knowledge of the girl aged below 16.
In her evidence, the victim told the court that on the material day she was home alone as her mother was trading at the market while her father and her older sister had gone out.
She said that was when Phiri pounced on her. She said she was called by Phiri who later tied her up and put a cloth in her mouth, after which he took her to the gardens where he defiled her. Passing sentence, Ms. Justice Makubalo said it was shameful to have defilement cases, especially in a Christian nation where everyone must fear God.
She said the girl was not only traumatised but also had her mouth gagged.
She said no mercy must be shown to perpetrators of such acts and therefore sentenced Phiri to 30 years imprisonment with hard labour, effective from the day of arrest.
This was after Phiri, in his mitigation, told the court that he was a first offender, remorseful for his actions and pleaded with the court for leniency.
In the same court, a 42-year-old man of Chililabombwe was sentenced to 10 years imprisonment with hard labour for vandalising Zambia Railways Limited property worth K7, 372.
Before Ms. Justice Makubalo was Oswald Mumbi, who was charged with vandalism of public or private property contrary to Section 341 D of the Penal Code, Chapter 87 of the Laws of Zambia.
Particulars of the offence were that on July 6, 2017 around 11:00 hours in Chililabombwe, Mumbi, whilst acting together with others unknown, vandalised 42 pairs of fish plates valued at K5,292, and 208 fish boards worth K2,080, altogether valued at K7,372.
Mumbi pleaded guilty and was convicted on his own admission of the offence.
In his mitigation, the convict told the court that he was a first offender and a family man with school going children.
But Ms Justice Makubalo said despite Mumbi being a first offender who readily pleaded guilty, vandalism was retrogressive to the nation and the offence should be curbed through harsh punishment to set a precedent.
“Vandalism is very retrogressive to the nation and I feel that this offence should be curbed as soon as possible. Therefore harsh sentences should be given even though most of the vandalised items were recovered,” she said.
