10 years in Prison for attempted rape


The First Grade Magistrate Court in Nkhata Bay District has convicted and sentenced a 21-year-old Nelson Kalua of Zayuka Village in Traditional Authority Malengamzoma to 10 years imprisonment with hard labour for attempting to rape a 19-year old girl in Zayuka Village in the district.

Presenting facts in court, state prosecutor Sub Inspector Chikondi Lipato said on March 29, 2022 in the evening, the victim visited her aunt who stays few mitres away from her home.

She was during the material date chatting with the said aunt at the veranda where Kalua appeared whilst boasting that he is a millionaire and that he can do whatever he wanted with his worthy.

Kalua went straight to where the victim had sat while spitting his boastful words. This caused threat to the girl such that she decided to leave the place and go to her home.

As she tried to move out of the place, Kalua blocked her way. However, she tried to manoeuvre against him and started running towards her home but the suspect chased her up-to her house where she was reportedly forced to undress until her skirt and underwear got torn.

The court further heard that the victim was rescued before being raped by her relatives who heard her shouting for help.

The relatives further apprehended the suspect and brought him to Chintheche Police where he was charged with attempted rape which is contrary to section 134 of the Penal Code.

Despite denying the charge in court, the evidence from four state witnesses including an exhibition of torn clothes helped the court to find the suspect guilty and eventually convicted him.

In submission, prosecutor Lipato prayed for deterrent sentence against the culprit arguing that the act was a threat to the victim and the community at large following the fact that girls and women are falling victims of such sexual harassments.

In mitigation, the convict said he is an orphan and that he looks after his granny. He therefore asked for leniency.

When passing sentence on April 28, 2022, First Grade Magistrate Ezekiel Kamtikana downplayed the mitigating factors and concurred with the state.

Kamtikana therefore sentenced the convict to 10 years imprisonment with hard labour with effect from the date of his arrest.

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