A 36-YEAR-OLD man of Kasama who defiled an eight-year-old girl and infected her with HIV escaped a stiffer sentence from the Supreme Court when he abandoned his appeal against a conviction of defilement and jail sentence of 20 years.
“If you did not abandon the appeal, we would have certainly interfered with the sentence,” Supreme Judge Gregory Phiri told Elliud Siame on Tuesday.
Mr Justice Phiri, who sat with justices Elizabeth Muyovwe and Mumba Malila during the sitting of the Supreme Court in Kabwe, told Siame that apart from infecting the minor with HIV, he also infected her with a combination of sexually transmitted diseases.
Mr Justice Phiri said on Tuesday that Siame also caused the minor physical and emotional trauma.
“This appeal shall stand dismissed, meaning that the 20 years sentence shall be served,” he said.
Siame said through his lawyer that he did not wish to continue with his appeal and that he was withdrawing it.
The Kasama High Court on October 2, 2012 convicted Siame of defilement and sentenced him to 20 years imprisonment with hard labour.
Before the same court, a 67-year-old man of Lusaka who was sentenced to 20 years for defilement also abandoned his appeal.
Duncan Milanzi was sentenced by the Lusaka High Court on March 26 this year but he was appealing against the conviction and sentence.
Others who abandoned their appeals were Osward Chocha, 27, who was jailed for 25 years with hard labour for indecent assault, Matthew Lupiya, 25, who is serving a 25-year sentence for rape, Noah Njovu, 55, jailed for 25 years with hard labour for incest, Daniel Mulenga, who is serving a 20 years jail term, and Frackson Mushiku, 29, of Kasama serving a 20-year sentence for defilement.