The Balaka First Grade Magistrate Court in eastern Malawi has sentenced a 23 year old-man to seven years imprisonment with hard labour for raping his biological mother.
The convict Macdonald Kusala was arrested after he was caught red-handed raping his 42-year-old mother in her matrimonial house.
Police Prosecutor Inspector Isaac Mponela told the court that Kusala had unlawful sex with his biological mother without her consent at Khoswe village in Balaka district on 21st August, 2015.
“The suspect who was drunk undressed and raped his mother in her matrimonial house where he found her sleeping and was caught red-handed by his younger brother who reported the matter to the elders of the family before the victim reported the same to Balaka Police Station who arrested the suspect,” said Mponela.
The suspect pleaded guilty to the charge of rape which is contrary to section 133 of the Penal code.
In his submission before sentence, Inspector Mponela asked the court to consider giving the suspect a stiffer sentence considering the nature and seriousness of the offence which attracts the maximum sentence of death or life imprisonment.
But in his mitigation, Kusala asked for forgiveness saying that he is a first offender and that he raped his mother due to the influence of alcohol.
First Grade Magistrate Felix Mandala agreed with the Police that the suspect deserved a stiffer sentence because of the seriousness of the offence and much more, he did it to his own mother which is a taboo.
“His drunkenness cannot be an excuse” said Mandala, saying he wondered as to how the suspect managed to go to his mother’s house, undress her and raped her if he was relay intoxicated.
He therefore sentenced him to 84 months imprisonment with hard labour. He said he has given him such a sentence so that it should be a lesson to him and would be offenders.
Macdonald Kusala who is a second born in a family of six comes from Khoswe village, in the area of Senior Chief Nsamala in Balaka district.
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