26 January 2013

Zambia: Two Defilers Jailed

THE Kitwe High Court has sentenced two men to 18 and 15 years imprisonment with hard labour for defiling two 11-year-old girls in separate cases.

High Court Judge Isaac Chali sent Charles Katongo, a driver, and Chola Simukoko, a cleaner, both of Kitwe to jail after upholding their conviction by the lower court.

Katongo, 42, defiled an 11-year- old girl on October 27 last year while Simukoko, 28, also defiled an 11-year-old girl on December 5, 2011.

In sentencing Katongo, Mr Justice Chali said he had considered the circumstances of the case and that he found it appropriate to slap the convict with an 18-year jail term.

Katongo had admitted the charge and stated that he was tempted to commit the offence because he was under the influence of alcohol.

He said he knew that it was an offence to defile an underage girl.

In Simokoko's case, the girl had testified that on the material day, she was standing near a Chinese shop in the town centre when the accused person, who she knew facially, took her to a bush near the railway line.

On the way, he gave her an orange which he asked her to eat and when they reached the bush, he gagged her mouth with a cloth, removed her clothes and defiled her.

The girl testified that after defiling her, Simukoko put her on his back, took her back to the shop and went to the lavatory.

Another witness Janet Chisembe, 47, a social welfare officer testified that on the material day, around 09:00 hours, she observed that the girl was not walking properly and was crying.

When she inquired, the girl narrated her ordeal and at that point Simukoko came out of the lavatory.

Ms Chisembe told the court that the girl identified Simukoko as the one that had defiled her but the accused person ran away. He was apprehended after a chase.

In sentencing Simukoko, Mr Justice Chali said the identification of the accused person could not be faulted because the girl knew him.

The court granted leave to appeal in both cases.

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