Man gets 12 years for attempted rape, another jailed 8 years for defilement
Balaka Magistrate Court has convicted and sentenced a 29 year old Lukiasi Fyson to 12 years in prison with hard labour after being found guilty of attempting to rape a 32 year old woman.
Police Prosecutor Assistant Superintendent Lloyd Kachotsa told the court that on 3rd April, 2017, Fyson went to steal maize in a Mr Chokazinga’s garden who is an uncle to the victim. The victim spotted the suspect and in the process of confronting him, Fyson pulled her down; began to take off her clothes and managed to tear off her underwear.
Kachotsa added that in an attempt to free herself, the woman pulled Fyson’s private parts whilst shouting for help to which people came to her aid.
During mitigation, the accused blamed his ill act on the devil and pleaded for a lenient punishment.
When passing his ruling, First Grade Magistrate, Felix Mandala, emphasized that attempted rape is a serious offence which contravenes Section 134 of the Penal Codeand is on the increase in Balaka despite several awareness meetings which is why the accused deserved a stiff punishment to give a lesson to would be offenders.
Fyson has also been sentenced to 12 months imprisonment with hard labour for the offence of theft and both sentences will run concurrently.
Fyson hails from Nyanyala Village, T/A Phalula in Balaka.
Meanwhile, Salima Magistrate Court on Tuesday sentenced 55-year-old man to eight years imprisonement for defiling a six-year-old girl.
The court heard that Maliko Nyuzi on 3 June this year went to Kamphinda Village where he defiled the victim.
“He was familiatr with the children and gave them his bicyle to ride. While the other children were busy with the bicycle, Nhyuzi took the victim to a nearby bush where he defiled her. After the incident, the girl ran to her grandmother and revealed the matter. She was taken to the hospital where a medical examination confirmed that she was indeed defiled,” said police prosecutor Milton Kelius.
He said Nyuzi pleaded guilty and during mitigation, he apologised to both the court and the victim, pleading for leniency.
In Passing judgement, magistrate Alex Kamtiki said maximum punishment for defilement is life imprisonment, but he handed him eight years because he is a first offender.
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Both should be given the death penalty.
the problem is with the writer here. the heading says the rapist get 12 years while 8 years for defilement. while the inside the story, the tempted rape got 12months. hahahha. our journalist, dammm!
Timakuwuzani zipitani kusukulu.Koma ntchito kutafuna Gondolosi ku Balaka.These are the consequences.Just by stealing probably he would have been handed a lenient sentence but he went far by not controlling his libidous habit motivated by some gondolosi roots.Look now u will be doing time and some fellow prisoners will be quenching their thirst on you.Mdala wosamva iwe..the good punishment was to crush your balls.
The man is 29 years now and after serving for 12 years in prison he will be 41 years and still energetic…The other one is 55 years now and after 8 years he will be 63 years and finished….in other words, the learned court guys are saying to the rapist, “die in prison”. It makes more sense!
ma sentence kusekanatu apa???? ma magistrate kumakhalako serious nthawi zina!!!!!!
What distance did Fyson cover from the place where the woman started pulling his private parts. Shaaaa!!!!!! this woman knows how to treat rapists. A good lesson to all women when facing such situation. Just be flexible until the the biggie lets out his mboro. Then hundle mboro and stand up off while shouting for help!!!!!!!!!!!!! I hope rapists will start thinking twice before engaging this bad habit.
Kodi kwa wa zaka six imalowa?
Wat judgement is this?? Attempted rape gets 12 years and defilement 8 years?????
You cant understand these magistrates. They just do it as they seem fit. There are no set parameters
At least Malawi still recognises it as defilement. In the West + SA it would be called a lifestyle choice…
Zazii amafuna kugwiririra ntchembere zaka 12, wagwiririra kamwana zaka 8 kundende ndiye chani?
Osamangomunamizira satana. Zinazi adzakukanirani.