Chitipa Magistrate Court has slapped a 68 years old man with a nine (9) years jail term for defiling his own grand daughter.
The accused, Oxwell Chilima defiled a 10 years old girl , who is a direct daughter to his first born son, on April 16, 2017.
The accused was, however, charged with incest, since he is a relative to the victim, which contravenes Section 157 (!) of Malawi Penal Code, which attracts a maximum penalty of life imprisonment .
During court submission, Friday, Police Prosecutor, Sub Inspector Leonard Chabwela told the court that the accused defiled the victim when the father of the victim went to Chitipa Boma while the mother went to fetch fire wood, leaving the little girl in safe hands of the grand father.
Said Chabwela, “The accused then asked the girl to escort him to a nearby bush where he suddenly got hold of the helpless girl, undressed her and defiled her.”
Chabwela added that the accused told the girl not to tell anyone about what had happened to her, warning unspecified wrath if she did not comply with the order.
According to Chabwela, defilement was discovered by the girl’s mother who noticed that the girl had difficulties in walking.
“The victim only revealed that her grand father had sex with her when the mother sat her down and probed more on why she had difficulties in walking,” said the prosecutor.
The accused, Chilima, pleaded guilty to the offense and sent court occupants into stitches when he said he was driven by powers of Satan to defile the Standard 2 girl.
“I apologize for what I did to my grand daughter, especially to members of my family. It was the force of the Devil which I failed to resist,” said Chilima, drawing humming of disapproval from jam packed court.
Chabwela then asked the court to hand down a stern penalty on the accused who he said betrayed the parents of the girl who had trust in him regarding safety of the girl.
“I ask this court to impose stiffer punishment on the accused for abrogating his parental responsibility of ensuring safety of the girl. Further more, it is so shocking that the accused had to be the first to inflict harm on the girl who regarded herself very safe in his hands.” emphasized Chabwela.
Presiding First Grade Magistrate, Billy Ngosi sided with prosecution on the understanding that the crime committed by the accused, who was the parent to the victim, was a serious one.
Ngosi observed that cases of biological parents defiling their daughters are on the increase and is a serious concern to all patriotic citizens.
Ngosi said people found guilty of committing crimes such as incest and defilement must be severely punished as a strategy to completely wipe out the vice from the society.
Ngosi rubbished a mitigation plea from the accused that he committed the crime out of Devil influence, which he said can not be proved and that the claim is strange and laughable.
“I therefore, sentence you to 9 years imprisonment with hard labour (IHL). The penalty will serves as a deterrent to other heartless men who nurse similar motives, “ ruled out Ngosi, as the accused cast his face down in disbelief and shame..
The First Grade Magistrate said he was a bit lenient with the accused due to his advanced age.
Both the accused and the victim hail from Nkhonje Village in the area of Chief Mwaulambia.Follow and Subscribe Nyasa TV :