Itezhi Tezhi Magistrates Mugala Chalwe has found a 16 –year-old Boy of Itezhi Tezhi guilty and thereby convicted him of defiling a 13-year-old minor.
Magistrates Chalwe convicted the juvenile after finding him guilty of one count of defilement.
“ From the evidence provided, it is not in dispute that the you met the girls when they were selling brooms, that the victim identified you and that you were apprehended with help from members of the public, ” Magistrate Chalwe said.
She said that she found no reason why the girl could falsely implicate him in the case and that it happened during the day and the accused talked to the victim as he led her to the bush.
“There was sufficient time for the girl to observe the juvenile offender, ” Magistrate Chalwe said.
She stated that the medical report confirmed the hymen was broken on that day.
“I find you guilty and convict you accordingly” she said.
The court has since adjourned the matter to October 17 for social welfare report and sentencing.
Facts are that the named juvenile offender, a resident of Masemu Compound in Itezhi Tezhi district in Central Province, stood charged with defilement contrary to section 138(1) of the Penal Code cap 87 as amended by Act number 15 of 2005.
Particulars of the offence alleged that the named juvenile on 29 April this year, in Itezhi Tezhi, the teenager allegedly had unlawful carnal knowledge of a girl aged 13.
When the juvenile first appeared in court, he denied the charge and trial commenced.
During trial the court heard a testimony from Bridget Mbunda, the mother of the victim how she learnt about her daughter’s defilement.
Ms Mbunda , who positively identified the juvenile offender, testified before magistrates Mugala Chalwe that on the material day she sent her two daughters to sell brooms in Kataba but around 11:00 hours, only for one of girls to return crying while holding her torn underwear.
She said that she noticed that the girl had a swollen neck and some blood in her eyes.
“I then decided to inspect her private parts and discovered that there was semen in her private parts, ” she said.
She told the court that after reporting the matter to police on their way home, they met three boys which among them the victim identified.
She said that she then members of the public helped in apprehending him
The victim on her part testified that she was accompanied by her friend when they were selling blooms in Kataba.
She said that she met the now accused juvenile who wanted a broom but being given more than the amount that required change , the accused juvenile advised her to go round and come later in the hope that the needed change could be found to enable him to buy the said broom.
She told court that on her return without the change , the accused offered to accompany her as she sought the change.
She said that she however insisted that her friend only accompanies her to look for change but the accused juvenile refused and assured her she was in safe hands.
She told the court that soon after , the accused forcefully he took her in the bushy and rocky hill where he later started slapping her and then pushed her on the ground and ripped her under and forced himself on her without her consent.
In his defence , the accused juvenile said that on the material day, he was making a wooden carrier with a Joe Chisala from 07 hours to 17:00 hours when he was sent by her grandmother to buy tickets.
The juvenile’s grandmother was allowed to defend him and corroborated his story that he was making a ducks carrier on the material day.
But when asked if she was around when her grandson committed the offence, she responded that she was not around when her grandson committed the offence.