A 16-year-old boy of Kapiri Mposhi has been convicted for raping his 80-year-old grandmother.
Kapiri Mposhi Magistrate Brenda Chiganda has since put the juvenile offender on 12-month probation at Katombora Juvenile Reformatory School.
Magistrate Chiganda has meanwhile referred the case to the High Court for sentencing.
Police charged the juvenile with rape of a woman contrary to section 232 (1) of the Penal Code Chapter 87 as amended by Act Number 15 of 2005 and amendment number 2 of 2011 of the laws of Zambia.
Particulars of the offence are that on February 26 this year in Kapiri Mposhi, the juvenile had carnal knowledge of his visually impaired grandmother Queen Muswati, 80, without her consent.
This was after the juvenile broke into the victim’s house around 14:00 hours in Lunchu area of Chief Mukonchi and forced himself on Ms Muswati while other family members were out in the field.
Muswati later reported what had transpired to other family members when they came back from the field.
She narrated that someone had entered her house and raped her but she could not identify the person because she was visually impaired.
The court heard that later around 19:00 hours, the juvenile was asked by other family members since he was the only person who was at home with the old woman to explain what had transpired, after which he accepted having had carnal knowledge of his grandmother.
The juvenile was later handed over to police where he was formally charged and arrested.
In mitigation, the juvenile pleaded with the court to exercise leniency on him as he was a first offender.
“I am asking the court to forgive me. All I want is to finish school and become a responsible citizen as I am sorry for what I did,” he said.
Kapiri Mposhi district social welfare officer, Busiku Habasonda, who is also a probation officer, recommended counseling and a 12 month probation and community service for the juvenile offender.
In her ruling, Magistrate Chiganda noted that sexual offences such as rape and defilement have become rampant in Kapiri Mposhi and that it was the responsibility of the court to punish law breakers in order to deter would be offenders.
Ms Chiganda further observed that the crime that the juvenile had committed should not be taken lightly as he had done it against his grandmother after taking advantage of her blindness.
“I have taken into consideration the social welfare report and rule that the offender be put on probation at Katombora Juvenile Reformatory School and refer sentencing to the High Court,” Magistrate Chiganda said.
And in a related matter, Ms Chiganda has convicted a 15-year-old boy of Kambosha area in Kapiri Mposhi for defiling a three year old toddler.
The juvenile pleaded guilty to the charge.
Ms Chiganda has referred the matter to the High Court for sentencing while the juvenile offender has been put on probation and counseling at Nakambala Juvenile Reformatory.
The juvenile is facing a charge of defilement of a girl contrary to Section 138 (1) of the Penal Code Chapter 87 as amended by Act number 15 of 2005 and amendment number 2 of 2011 of the Laws of Zambia.
Particulars of the offence are that on February 18 this year, the juvenile had unlawfull canal knowledge of a girl under the age of 16 in Kambosha area in Kapiri Mposhi district.
This was after the said juvenile ran-off-with the neighbour’s daughter who was left in his care and defiled her in the nearby bush.
The juvenile pleaded with the court to exercise leniency saying he did not know what he was doing because he was forced to defile the girl by the devil, adding that he was drunk at the time he committed the offence.
He further begged the court to forgive him saying he was a single orphan who was also taking care of his father who is paralysed after a stroke.
On recommendation of the probation officer, Ms Habasonda, Magistrate Chiganda ordered that the juvenile be sent to Nakambala Juvenile Reformatory School for 12 months and reserved sentencing for the High Court.-
Zambia Daily Mail