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Before High Court Judge Emelia Sunkutu was James Mwape of Mapili village in Chief Kasoma Bangweulu’s chiefdom who was charged with defilement Contrary to Section 138 of the Penal Code Cap 87 of the Laws of Zambia.
Particulars of the offence are that Mr Mwape willfully and unlawfully had carnal knowledge of a child below the age of 16 in Samfya district in Luapula province.
In mitigation, Mr Mwape through his Legal Aid Lawyer Oscar Mudenda pleaded with the Court to be lenient with him as he was a first offender and that he was remorseful of his actions.
In sentencing Mwape, Judge Sunkutu said she put into consideration his mitigation and that he was a first offender who deserved some leniency but the crime he committed is very serious as it took away a child’s innocence considering the age of the girl.
Judge Sunkutu said the convict defiled a minor who is six years old which left her traumatized as she could not even give evidence with regards to the events that happened on the fateful day.
She then sentenced Mr Mwape to 20 years imprisonment with hard labour with effect from the date of arrest/ZANIS.