By MWILA NTAMBI
THE girl could not have screamed for help if she was enjoying the sexual act, Kitwe Magistrate Kampinda Chipamu told a convicted defiler on Tuesday.
This is in a case in which the Kitwe Magistrates Court convicted a 20-year-old man of Mulenga township in Kitwe for defiling a 15-year old girl.
Joseph Mwaba, of house number 213, Mulenga township in Kitwe, on January 22, this year, in Kitwe, had unlawful carnal knowledge of a girl under the age of 16.
He pleaded not guilty to the charge.
But when the matter came up for judgment before Magistrate Chipamu on Tuesday, the court was satisfied that the prosecution had proved its case beyond any reasonable doubt against Mwaba.
Magistrate Chipamu rejected Mwabaâ€™s defence that the girl was his girlfriend, describing it as an afterthought. â€œClearly, the issue of her age has been proved beyond reasonable doubt. She gave evidence on oath that she was 15-years-old at the time of the incident and her father also tendered in her birth record and clinic card to show that indeed she was 15,â€ Magistrate Chipamu said.
According to the evidence on record, the victim on the material day had knocked off from school when Mwaba gave her a lift in his taxi.
Later, Mwaba parked the vehicle, went to the back seatÂ where the girl was sitting and placed his hands on her mouth; undressed her and forced himself on her.
Despite placing his hands on her mouth, the girl still shouted for help and some passersby heard her and came to her rescue while her assailant bolted.
â€œSo if this girl was enjoying what you were doing to her, she would not have been screamed out to people for help,â€ Ms Chipamu said.
She further said the issue of penetration had been confirmed by the medical doctor who in his testimony said the girl had tearing on her private part similar to a woman who had just given birth and was bleeding when she was not menstruating.
â€œFurther, the prosecution has proved that the girl was carnally-known by you and that she was a child,â€ Ms Chipamu said.
She found Mwaba guilty as charged and committed him to the High Court for sentencing since the minimum sentence for defilement is beyond the jurisdiction of the magistrateâ€™s court.
By MWILA NTAMBI