Teenboy convicted for sexual assualt, gets suspended sentence for 3 years

The Machinga First Grade Magistrate’s Court has  convicted a 15-year-old boy [ name shielded] for defiling a 16-year-old girl and further ordered him  to pay K50 000 in fines.

An artist’s impression of the court

Defilement attracts a maximum of life imprisonment with hard labour.

Machinga Police Prosecutor Constable Gift Kalamula told the court that since February this year father to the victim had been suspicious with the movements of his daughter.

Kalamula said the girl’s father then decided to start following her after hearing that she was dating the accused.

“On April 4, the father discovered that his daughter spent a night at the house of the accused,” he told the court.

Kalamula further said the girl’s father reported the matter to Nselema Police Station.

Immediately, the police referred the girl to Machinga District Hospital for examination and results confirmed that girl had sex with the boy.

“We arrested the young offender and a docket of defilement opened against him,” Kalamula told the court.

The boy pleaded not guilty and denied the charge which prompted the State to parade four witnesses whose evidence led to his conviction in line with section 138 (1) of the Penal Code.

In his determination, First Grade Magistrate Jones Masula said the court settled for a lenient punishment because the offender is of tender age.

Masula, therefore, ordered the convict to pay a K50 000 fine with a caution not to commit another case of the same nature in the next three years.

The convict hails from Mzinda Village in the area of Traditional Authority Bwananyambi in Mangochi.

 

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Paperback
1 year ago

I said lock them up. The prosecutor and the magistrate. Send the parents to hospitaller for rehabilitation.

YOSWA
YOSWA
1 year ago

KKKKKKK a Ngolongoliwa takawerengeni bwino malamulo and differenciate between rape and defilement, however the law is silent on a minor defiling another minor or even an older girl. Most laws favour girl child and women

BigMan
BigMan
1 year ago

Well done courts. Everybody who has sex whether it be consensual or not with a girl child under the age of 16 is guilty of defilement. Its statutory rape! The boys ignorance or lack thereof doesnt matter.

Paperback
1 year ago

Just lock them up. The prosecutor and the magistrate.

Paperback
1 year ago
Reply to  Paperback

And send the parents to hospitaller for rehabilitation.

john telford
john telford
1 year ago

in UK the girl would have been the culprit not the under age boy

Ngongoliwa
Ngongoliwa
1 year ago

Your worship, this is not defilement. Defilement is haviing sex with under 18 without her consert, which cause trauma inside or outside. If you look at her the boy is younger and this is his age group. The young man did not force himself into her, She subscribed hersef for sex to the youngmans home, She did not even complain of any assort by the young man. They have been in love too. The parents are the one who are wrong. Ofcourse parents cannot look down to it but what is needed here is not punishment by the court. She… Read more »

Kuchitekete
Kuchitekete
1 year ago

Very unfair! Its the boy that has been defiled. Firstly, 16 years versus 15 years, straight forward. The learned magistrate would have considered age in this case. Secondly, its the girl who went to the boys home. The boy should have lodged a counter claim.

Comrade
Comrade
1 year ago

I think the laws favor women nowadays, how a 15 year old boy who happen to be in a relationship with an order girl (16 years) charged for defilement? Is this fair? why not calling both of them and advise them about the dangers of involving themselves in sexual act at a tender age? Males we are in trouble to say the fact. For me, the judgement makes no sense at all. That is not defilement, we need the laws to be reviewed. It might also be that the girl was the one who seduced this young boy to engage… Read more »

Kangoma
Kangoma
1 year ago

Anamjomba kumwa madzi kkkkkkkkkkkkkkkkkk

National CEO
National CEO
1 year ago

It seems the girl coaxed the boy. Why is the boy punished? The girl is older than the boy and the boy did not rape the girl.

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