Man jailed to 76 months imprisonment for defilement
Balaka First Grade Magistrate Court has sentenced a 21 year old man to 76 months Imprisonment with hard labour for defiling a 7 year old girl.
Police Prosecutor Inspector Isaac Mponela told the court that Frackson Kambale committed the offence which is contrary to section 138 sub section {1} of the penal code on April 12 at Mthandizi area in Balaka Township.
Mponela said the suspect is a close friend to the victim’s biological father and they do business together. He explained that the victim stays with her mother because the parents divorced and on this day she visited the father at his business place.
Unfortunately she did not find him but found the suspect who took her to the nearby house and defiled the child. Mponela said when the victim went back home, her mother noticed that something was wrong and disclosed to have been defiled three times by Kambale.
Medical report obtained from Balaka district hospital revealed that the girl was really defiled. Appearing before Balaka First Grade Magistrate court, the suspect pleaded not guilty but the court found him with a case to answer after Police paraded five witnesses including the investigator Detective Constable Flyness Mithi.
The court proved the case beyond reasonable doubt. In his submission before making the judgement Inspector Mponela said cases of defilement are becoming rampant in the district and asked the court to give the suspect a stiffer sentence so that it should be a lesson to him and would be offenders.
However, in mitigation, the suspect asked the court to forgive him saying he is epileptic and looks after three children. Passing judgement, First Grade Magistrate Damson Banda agreed with the state that cases of defilement are increasing in the district hence the need for the courts to give offenders stiffer sentences.
Banda said it is unfortunate that the suspect took advantage of the absence of his friend to defile the girl. Frackson Kambale comes from Sinkileya village, Traditional Authority Kachenga in Balaka district but reside within Balaka Township.