The Itezhi Tezhi magistrates court has convicted and committed to the High Court for sentencing a 20-year-old man for attempted rape.
Magistrates Keegan Litia convicted Terry Shimbiya, a fisherman of Kasankwa area in Chief Shimbizhi’s Chiefdom in Itezhi Tezhi who had earlier pleaded not guilty to the case.
Terry Shimbiya was charged with one count of attempted rape, contrary to section 134 of the penal Code chapter 87 of the laws of Zambia.
Particulars of the offence allege that on 8th August 2020, in Itezhi Tezhi, Shimbiya did attempt to have carnal knowledge of Catherine Muleya without her consent.
Shimbiya is also among four other suspects namely Pumulo Malimbu,32, Muyunda Muyunda, Gift Hamilumbe and Ezekiel Chikanta that were committed to high court in August 2020 for allegedly murdering Isaac Bwalya in the Itezhi Tezhi police cell.
In a case involving several witnesses, Shimbiya was found with nolle Pro’sequi and consequently argued that he never committed the alleged offence as implicated.
In delivering judgment, Magistrates Litia said that that his findings were that on 8th August 2020, the accused attempted to have carnal knowledge of Catherine Muleya.
Stating that the victim fully identified the accused as the incidence happened in broad day light, Magistrates Litia said that the accused used dubious means to get his victim.
“The accused went to the victim’s home and asked to for fire to light his cigarette and then took off his clothes and followed the victim in the kitchen and wrestled with her as he attempted to complete his mission,“ he said.
Magistrates Litia further stated that the victim also showed her torn under wear before court and the state established a prima facie case against the accused.
“I find the accused guilty and convict him accordingly. The offence you committed carries a higher sentence for which this court has no jurisdiction, I therefore commit you to the high court for mitigation and sentencing” Magistrates Litia said.
Magistrates Litia also informed Shimbiya that he had the right to appeal against the judgment within 14 days.