The Blantyre First Magistrate Court in southern Malawi has slapped 33 year-old man with a 10 year custodial sentence for defiling his 12 year-old step-daughter on three separate occasions.
The convict, Welodi Makuluni, who hails from Zamanemba village in Traditional Authority Lundu in Blantyre, defiled the standard-three pupil at his house in Nancholi Township in the city of Blantyre in January this year and he was caught in the act by his wife of 11 years.
According to court documents, the incident happened in the wee hours of January 1, 2013 after the convict lied to the wife that he was going to the toilet but with intent to defile the girl who was asleep in her bedroom.
However, the wife, astounded by the husband’s strange actions on the material day, decided to closely monitored the convict and until she found him defiling the girl.
“During the night, the victim’s mother observed something strange from the husband. Of course she asked him if there was any problem but he lied to her that he had open bowels and blamed the food he took at dinner.
“The victim’s mother pretended to fall fast asleep and peeped at the corner of blanket and saw her husband whilst naked moving slowly like a ‘Ninja’ towards children’s bedroom where the victim slept. She watched carefully and waited for about 8 to 10 minutes to see what he intended to do.
“The accused person went straight to where the victim; a standard 3 pupil, slept. The victim was fast asleep but her step-father penetrated his member into her private part. The victim’s mother saw her husband on top of her daughter and then she shouted for help,” read the court documents in part.
The neighbours resolved to take the suspect to police but on their way, Makuluni managed escaped only to be rearrested on January 15 and he was charged with an offence of defilement contrary to Section 138(1) of the Penal Code.
The accused person was taken before Blantyre Magistrate court where he pleaded not guilty but the court found him guilty and convicted after the state paraded all the key witnesses.
However, the victim’s mother nearly withdrew the case as she is said to have asked the police to discontinue the case in order to save her husband from the hands of the court.
“It was unfortunate that the victim’s mother who is also the wife to the accused person thought of withdrawing the case but failed. She changed the tone of her evidence so much so that her husband should be acquitted.
Again, she intimidated her neighbours who were summoned by the court to give their testimonies as witnesses and to those who had interest to come to court and testify. She again and again tell them not to go to court for no apparent reasons,” read further the court documents.
Before making her ruling Thursday, Justice Diana Mangwana observed that the conduct of the accused person was very bad to the society considering that he pretended as if he was going to the toilet but with intent to defile his step-daughter.
“The accused person left his wife in bed that would satisfy his sexual desires or feelings but instead chose to sleep with a young girl. What kind of step-father is he?” queried Mangwana, adding that the girl suffered mental torture and was psychologically ill following the defilement.
She therefore slapped the convict with a 10 year custodial sentence with hard labour with effect from the date of his arrest.Follow and Subscribe Nyasa TV :