A 43 year old man of Kapiri Mposhi district has been committed to the High Court for sentencing for defiling a seven year old grade two girl.
Before Kapiri Mposhi Magistrate Mwila Malupande was Julius Simfukwe who stood charged with one count of defilement contrary to section 138(1) of the Penal Code chapter 87 as amended by Act number 15 of 2005 and amendment number 2 of 2011 of the Laws of Zambia.
Particulars of the offence were that on 26th August 2018 Simfukwe did have canal knowledge of the minor at her grandparent’s house in Kafwaka area.
According to the statement of facts Simfukwe dragged the minor to a grass thatched kitchen where he defiled her and threatened to beat her up if she screamed.
However, the minor screamed for help which alerted her aunt who later found the accused in the act.
Simfukwe was apprehended with the help of community members who took him to police where he was charged accordingly.
Medical examinations on the girl were consistent with the charge.
Earlier, Simfukwe’s case was adjourned to facilitate an inquiry into the accused’s mental health as he claimed to be mentally unstable.
This forced Magistrate Malupande to order an examination into Simfukwe’s mental health at Chainama Hills Hospital pursuant to section 17 of the Criminal Procedure Code (CPC).
According to findings Simfukwe was found fit to take plea as he had no diagnosable primary mental illness but that he had developed Alcohol Dependency Syndrome (ADS) because of alcohol abuse.