Livingstone defiler committed to High Court for sentencing
Livingstone, Feb 11/14 ZANIS——A Livingstone defiler has been convicted and committed to the High Court for sentencing.
Wakunguma Musiwa, 31, of house of number D191 Ngwenya Compound in Livingstone district has been convicted to the Livingstone High Court for mitigation and sentencing after he was found guilty of defilement.
This is in a matter in which Musiwa was charged with defilement of a child under the age of 16 contrary to Section 138  of the Penal Code Chapter 87 of the Laws of Zambia as amended by Act number 15 of 2005 and Act number 2 of 2011.
Facts before the court were that Musiwa on December 16, 2013 in Livingstone had carnal knowledge of a girl below the age of 16 and was arrested on December 18, 2013.
When the matter came up for judgement aunt and mother of the minor told the court that on the day of the incident the child was sent to the market but came back home with bruises on her thighs.
In his defence Musiwa told Livingstone magistrate Chinkashi Chilingali that he knew the child because she used to pass by his house and greet him when going to the market and said that he had sexual intercourse with the child‘s consent.
Magistrate Chilingali said that the court was satisfied that the ingredients of the offence which needed to be proved such as the age of the minor and evidence that sexual intercourse had taken place.
He said the age of the child was clearly determined by her mother who said that the child is ten years and nine months old.
Magistrate Chilingali also said that the medical report which was presented before him proved that the child was below the age of 16.