MUBANGA NONDO, Ndola
A 36-YEAR-OLD bricklayer of Buntungwa township in Luanshya has been sentenced to 15 years imprisonment with hard labour by the Ndola High Court for indecently assaulting his 10-year-old stepdaughter.
This is in a case in which Abute Kasweka of house number 255 pleaded guilty to indecent assault.
Passing the sentence on Monday, High Court judge Mubanga Kondolo said the offence Kasweka committed is serious because the girl is his stepdaughter and he breached the trust on the part of his family.
â€œThis is a very serious offence. The child involved was only 10 years old and she is your stepdaughter. It is also a breach of trust on the part of your family because they cannot trust you anymore.
â€œI, therefore, sentence you to 15 years imprisonment with hard labour with effect from the date of your arrest,â€ Mr Justice Kondolo said.
He granted Kasweka leave to appeal to the Supreme Court within 14 days.
In mitigation through his lawyer Jonas Zimba, Kasweka asked the court to be lenient on him because he is the breadwinner of the family.
Kasweka, on April 17 this year in Luanshya, unlawfully and indecently assaulted his stepdaughter.
During trial, the girl testified that on the fateful night her mother returned home from a drinking spree around 20:00 hours and proceeded to sleep while she remained to prepare supper for the family.
She told the court that Kasweka later arrived at home, she opened the door for him and served him supper.
The girl testified that Kasweka then went to wake her mother up but she was too drunk to respond.
She recounted that Kasweka instead called her and asked her to undress but she refused.
Kasweka then forcibly undressed her and took off his cloths.
She testified that Kasweka began to fondle her private parts while touching his genitals.
In defence, Kasweka claimed that he was left with no option but to touch the girlâ€™s private parts to relieve himself because he wanted to have sex with his wife but she was too drunk and incapable.
MUBANGA NONDO, Ndola