The High Court sitting in Mansa has sentenced a 24-year-old man to 20 years imprisonment with hard labor for defiling a 4-year-old girl.
Appearing for sentencing before Ndola High court Judge, Emelia Sunkutu was Darius Chola a driver of Katambo Village in Chief Kalasa Lukangaba’s Chiefdom charged with defilement of a child contrary to Section 198(1) of the Penal Code 87 of the Laws of Zambia, as amended by Act number 15. of 2005 and Act No.2 of 2011.
ZANIS reports that particulars of the offence are that Chola on August 13, 2020 willfully and unlawfully had carnal knowledge of a child below the age of 16.
Facts before the court are that on August 13, 2020, willfully and unlawfully had carnal knowledge of the minor who is under the age of 16 years.
The incident happened around 14 hours when the girl’s parents went to the farm leaving her with three of her siblings.
Chola who is the step-brother to the girl, took her to the neighbour’s place and forced himself on her and later gave her a K1 so that she does not disclose the ordeal to anyone.
Around 18:30 hours when the family gathered for supper, the girl was found sleeping saying she was not feeling well.
Later, the victim disclosed the ordeal to the mother that her elder brother undressed her and forced himself on her and he gave her a K1 so she could not disclose the incident to anyone.
In mitigation, Chola through his Legal Aid Lawyer pleaded with the Court to be lenient with him as he is a first offender who is remorseful of his actions.
And in passing Judgement, Justice Sunkutu said she took note of his mitigation that he was a first offender who deserved some leniency.
“The case you have committed is very serious especially as it was committed against your young sister,” said Justice Sunkutu.
She stated that Chola’s behavior towards his young sister will forever affect her emotionally and mentally as he deprived her of her innocence.
“I will always emphasize that family is supposed to protect each other all the time but your behavior towards the 4-year-old child is uncalled for,” she said. She sentenced the accused to 20 years imprisonment with hard labour with effect from 24th September, 2020 his date of arrest, as a deterrent to would be offenders.