The First Grade Magistrate’s Court in Rumphi has convicted and sentenced Frank Phiri, 26, to 14 years imprisonment with hard labour for defiling an under aged girl.
The offence contravenes section 138(1) of the Penal Code.
The court through State Prosecutor Inspector Kelvin Ng’ambi heard that Phiri committed the offence on March 6, 2022 at Bwati Village, Bale area in the district.
The court learnt that the culprit went to the victim’s parents’ house where he found her with two young brothers. By that time, the victim’s parents were away shopping at Bale trading centre.
Phiri had his phone on which he uploaded some movies which he was watching together with the victim and two siblings.
Later, Phiri persuaded them to go to his house so that they could continue watching movies on his phone.
Upon reaching home, he gave them one bottle of frozy drink. As sunset, the victim and the siblings wanted to started off home but was called by Phiri to go inside the house to take chicken meat.
Whilst there, he grabbed her, removed her clothes and defiled her.
After fulfilling his lust, he let the girl back home. On her way home, he met her father who was looking for her. Fear of being beaten gripped her and she escaped and slept outside.
She revealed the ordeal to one of her relatives after being interrogated.
The matter was reported to Chinyolo Police Unit where they issued a medical report form where medical officer from Mzokoto Health Center confirmed that the girl was indeed defiled.
During court proceedings, Phiri pleaded not guilty to the charge of defilement which prompted the state to parade three witnesses who proved the allegation beyond reasonable doubt leading to his conviction.
In his submission, Ng’ambi condemned the act portrayed by the culprit and the offence committed was serious one which attracts a stiff penalty.
He therefore prayed to the court to impose tough penalty in order to earn him a lesson and deter would-be offenders.
Phiri prayed for leniency by being a first offender.
In passing judgement, First Grade Magistrate Cuthbert Phiri quashed Phiri’s mitigation and concurred with state’s submission. He therefore slapped him with 14 years jail term.
The convict comes from Mnyanja Village under Traditional Authority Chisanjire in Kasungu district.
In a related development, Walter Munthali, 34, has been convicted and sentenced to 6 years jail term for indecent assault contrary to section 137(1) of the Penal Code.
Munthali committed the offence on April 4, 2022 at Bolero Trading Centre near Kulima Gold.
The court further heard that, at first Munthali touched the breast of the victim at Kulima Gold in the presence of her husband and he went away.
A few minutes later, the culprit met the victim again at the butchery and he touched the breast again which annoyed the victim who reported to the matter to police leading to his arrest.
State Prosecutor Sub Inspector Malumbo Jere said that the man planned to commit the offence as he repeated it by following her.
In his mitigation, Munthali pleaded guilty to the charge and prayed for leniency saying devil pushed him into temptations.
Passing sentence, First Grade Magistrate Cuthbert Phiri concurred with state’s submissions and quashed Munthali’s mitigation. He therefore gave him 6 years imprisonment with hard labour.
The convict comes from Chinguyungu Village under Traditional Authority Chikulamayembe in Rumphi.