Court News

Man gets 30 years for defilement

A 49-YEAR-OLD man of Chililabombwe has been sentenced to 30 years imprisonment with hard labour for defiling a five-year-old girl.
Kitwe High Court judge Chilombo Phiri, on Wednesday, sentenced Ian Kapitolo of Kapitolo farm in Kasumbalesa, who had earlier pleaded guilty to defilement.
Particulars of the matter are that Kapitolo had unlawful carnal knowledge of a girl under the age of 16, on January 22 this year, in Chililabombwe.
In mitigation, through defence lawyer Mweendalubi Kapukutula, Kapitolo begged the court to exercise maximum leniency as he was a first offender who had readily admitted the charge and was remorseful of his actions.
Delivering judgment, justice Phiri took note of Kapitolo’s mitigation and that he was a first offender who had readily admitted the charge.
“However, there are aggravating circumstances in that the prosecutrix is a young child, aged five, and the convict held her by the neck so as to prevent her from screaming. The child could have died of suffocation,” justice Phiri said.
“I therefore sentence the convict to 30 years with hard labour. If you are not happy with what I have done, you can appeal to the Supreme Court within 14 days,” she said.
Facts were that on the material day, the girl was playing with her friend as her aunt had gone to the hospital, when Kapitolo called her to his house to give her biscuits.
The court heard that Kapitolo undressed the girl and had carnal knowledge of her on the bed, while holding her neck to prevent her from screaming.
The girl sustained painful private parts, but did not disclose the ordeal to her aunt. However, her aunt discovered the following day when she noticed that the girl was struggling to walk. The minor was taken to the hospital, where it was confirmed that she had been defiled.
Kapitolo was later arrested and charged with the subject offence.

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