Trial in which a Seventeen year old juvenile of Zambia compound is facing one count of defiling an imbecile commenced yesterday.
This is contrary to the Laws of Zambia Act No. 15 of 2005 clause 139 which states that any person who, knowing a child or other person to be an imbecile or person with mental illness, has or attempts to have unlawful carnal knowledge of that chills or other person in circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the child or other person was an imbecile commits a felony and is a liable, upon conviction, to imprisonment for a term of not less than fourteen years and may be liable to imprisonment for life.
Particulars of the offence are that on 31st October 2019, in Zambia Compound of Choma district the juvenile allegedlky had unlawful canal knowledge of an imbecile.
Second State witness, 15 year old Gloria Mudenda also of Zambia compound testified that she came from drawing water on 31 October 2019 and her little brother informed her outside the home that the accused was inside the home with the victim.
She said upon entering her house she found the accused on top of the victim with his pants pushed down to his knees and the victim’s skirt was pulled up to her waist.
After discovering this, the witness then then rushed to the victim’s mothers house next door to report but unfortunately the mother wasn’t around.
She said when she returned to the scene , she found the accused very aggressive and in fear she found herself on the floor.
In cross examination the juvenile asked the witness if she had actually seen him to which she responded in the affirmative.
However, the suspect wondered why, as he was seeing her for the first time in court to which she responded: “I know you .
“Aren’t you the one who has been proposing love to my young sister ? “ to which the accused didn’t answer marking the end of his cross examination.
And the first State witness, Elizabeth Muleya 33, the mother to the victim testified that the accused readily admitted to the offence at the police station and even revealed that he is responsible for her pregnancy.
Ms. Muleya explained that her daughter , who is 13 years old, is incapable of looking after herself as she is handicapped.
She revealed to the court that her daughter had been having her menses since 2016 but since May this year she had observed that her daughters no longer had her regular menses indicating that she was six months pregnant.
She told the court that this was confirmed after taking her for anti-natal and to this effect she presented the victim’s antenatal card as part of evidence in the court.
Trial in the matter continues on December 3, 2019 and the accused is on police bond.