The Blantyre Magistrates Court has sentenced to 12 years imprisonment with hard labour (IHL) Timothy Theu for defiling a seven-year-old girl in Chilobwe Township last month.
Theu, 47 years old and hails from Usisya village T/A Mwasisya in Nkhotokota district was arrested on September 27th, 2014 and charged with defilement contrary to Section 138(1) of the Penal Code.
Police Prosecutor, Sergeant Victor Nachuma told the court earlier on that the accused defiled the girl in Chilobwe Township and was caught red-handed by the victim’s 10-year-old brother.
“On the day of the incidents, the victim together with her friends, were plucking guavas only to be called by the accused person who by then was on the veranda of his house. He dragged her into a bathroom where he forced himself on her,” Nachuma explained.
He added: “It was her brother, who was by then in the guava tree, who saw this happening such that he came down and went into the bathroom and caught them in the act. He finally reported the matter to his mother who later took the matter with Chilobwe police.”
Theu pleaded not guilty to the charge and was convicted after full trial as the police parading four witnesses.
Magistrate is First Grade Diana Mangwana sentenced Theu to 12 years IHL- with effect from the date of arrest- despite his plea for leniency, claiming that he is HIV positive and has family responsibilities.
Nachuma prayed for stiffer sentence on the grounds that the victim is only seven years old and that there were high possibilities that she might have been infected with HIV virus and other STIs.