Isoka Man Sentenced 18 Years For Defiling 13-Year-Old Sister-In-Law

By NANCY SIAME
THE Ndola High Court has sentenced a 32-year-old man of Isoka to 18 years imprisonment with hard labour for defiling his 13-year-old sister-in-law.
Ndola High Court Judge Petronella Ngulube sentenced Davie Sichalwe after he was convicted of defilement by the lower court.
“I agree with the conclusion reached by the trial court that there was sufficient evidence that the prosecutrix was defiled by the accused because there was collaborating evidence,” Justice Ngulube said.
Particulars of the offence are that Sichalwe, on September 30, 2010 in Isoka, had unlawful carnal knowledge of a girl under the age of 16.
During trial, the juvenile told the court that the accused is her brother-in-law who is married to her elder sister.
She told the court that on the material day, at around 06:00 hours whilst she was asleep in a hut with the accused and her sister, Sichalwe sent his wife to collect firewood from her parents’ place.
“He told me that he wanted to have sex with me but I refused and he forced himself on me and defiled me,” the juvenile said.
She explained that her elder sister found the husband in the act and reported the matter to the police.
When put on his defence, Sichalwe denied defiling the juvenile but agreed spending the night in the same room with the juvenile and her sister.
Passing sentence, Justice Ngulube said it is not in dispute that the juvenile spent the night with the accused and his wife and there was no case of mistaken identity.
“It is in evidence that the accused, his wife and the prosecutrix slept on the same mat on the material night,” Justice Ngulube said.
She said the accused, being the brother-in-law of the juvenile, should have protected her instead of seeing her as an object for his selfish desires.
“The convict is informed of his right of appeal to the Supreme Court in the next 14 days,” Justice Ngulube said.