Sex offender faints after getting 12 years prison sentence
There was drama at Nselema in Machinga when a 20-year-old man fainted in the dock soon after being sentenced to 12 years imprisonment with hard labour for defiling a 14-year-old girl which is contrary to section 138 of the penal code.
Machinga Police spokesperson Davie Sulumba said the Liwonde magistrate court had sat at Nselema last week to prosecute Yusufu Asipolo who had been defiling the young girl from November 2017 to May this year.
Sulumba said state prosecutor Kesten Chimwala told the court that the two were in an affair after the accused had proposed love to the girl who is a Standard four learner at Nampeya Primary School.
He said Chimwala told the court that the victim’s mother discovered that her daughter was pregnant in May this year and the issue was reported to Chikweo Police Unit where she was referred to Chikweo Health Centre and the medical examination showed that she was 16 weeks pregnant.
Sulumba said when the issue was brought before the court, the accused denied the offence and this made the state to parade three witnesses to prove the matter beyond reasonable doubt.
“After he was convicted, Asipolo asked for a fair punishment for he is a bread winner. But this did not convince First Grade Magistrate Jones Masula who concurred with the state for a stiffer sentence,” said
Sulumba.
But soon after being slapped with the 12-year jail term, Sulumba said Asipolo collapsed and fainted in the dock and had to be rushed to Nainunje Health Centre for treatment where he was discharged after four hours.
Asipolo comes from Ajasi Village T/A Chikweo in the district.
In a related development, Sulumba said the Liwonde Second Grade Magistrate Court convicted and sentenced 20-year-old Patuma Laison to 42 months imprisonment for concealing birth which is contrary to section 232 of the penal code.
Laison had dumped the newly born in a garden where it was discovered and referred to Nyambi Health Centre from where it was then referred to Machinga District Hospital where it died.
Laison hails from Mchika Village T/A Nyambi in the district.
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so only poor people are supposed to be punished by law once they have done something wrong. chaponda stole all the millions of money and at last come out clean.
1) the 12 years is too harsh, this was not rape, manslaughter or murder. The 2 youths consented and were in a relationship 2) the magistrate has not thought of the consequences of the lengthy prison sentence to the girl, the unborn baby and the 20 years old boy 3) who is going to look after the pregnant 14 years old girl financially and socially now that the boy is in prison?(we have to be realistic here, the court or any government department will not support this girl, the only reliable support would come from the boy) 4) the baby… Read more »
I hate people who defend stupid stuff. What does the law say? Why are u saying its harsh?
It all boils down to the fact that the Malawi Judiciary is full of shit, always not promising when it comes to its judgements. Sometimes it is even asked whether these so called magistrates are interviewed at their entry into the system. The 12 year custodial sentence in this particular case is too excessive. Similar to already made observations, 20 yrs vs 14 years is not too big a difference. In ideal situation the two were supppsed to belong to the same education level, they are almost agemates. Secondly, there was consent as such this was not rape. In fact… Read more »
14 years and in standard 4. No wonder amangomubandula
Kulakwa awa a Chawa amaphunzitsidwa ali ang`ono kuti kukanizana ndi tchimo, so it is part of their culture, take that into account coz by the time the boy is out of custody, the girl will be married to someone else with three or four more children
The punishment is unjustifiably harsh. Give the young man 3 months community service …
Or relations should appeal
Sure its too harsh
Only Idiots would say that
12 years,that is too much because the girl at the age of 14 years was in standard 4 which means the boy at the age of 20 years was in standard 8.This shows that they were all kids and happen to be future leaders.What you could have done is by slapping him 12 years without commiting a similar sin.Or take the boy to CIVIC CENTRE or to rehabilitation centres for him to change
Despite breaching the law, there was a consent here from the girl which could have been taken into consideration by the court and as others have argued here, the age difference between the two is no that huge – six years. I expect the High Court to reduce the sentence during confirmation. Meanwhile, the relations of this young man should seek services of Legal Aid Bureau so that the young man should be on bail pending confirmation of his sentence by the High Court.
12 years?? That’s ridiculous! He’s within 6 years age difference. In some countries there’s an exemption for those kinds of situations.
Patuma Laison actually killed her own baby and she only got three years and half. The boy just impregnated a girl and the girl is still alive and she will go back to school after giving birth. 12 yeas is just too much. The punishment is unreasonable.
WHY HIM BEING SLASHED WITH 12 YRS?