Perward Mwansa was convicted of Defiling a child under the age of 16 and was sentenced to 15-years imprisonment with hard labour.
When the matter came up before Judge Petronella Ngulube, sitting with court president judge Fulgency Chisanga and judge Dominic Sichinga, Mwansa was set at liberty.
It was alleged that on dates between February 1 and March 9, 2018 at around 18:00 hours, the 10-year-old was sent by her mother to buy vegetables.
The girl then was said to have gone to Mwansa’a house whose wife sold vegetables, but she was not home, prompting the girl to wait.
It was heard that the victim then attempted to leave, but Mwansa told her to wait longer and then he grabbed her, kissed her, locked the door and covered her mouth with a cloth.
At this point, Mwansa allegedly had carnal knowledge of the girl and told her that if she told her parents, she would be killed.
However, in passing judgment, judge Ngulube said having considered the evidence on record and the circumstances of the matter, there was no corroboration of the victim’s testimony on the defilement as required by the Juveniles Act.
“The only evidence against Mwansa is the victim’s testimony. Further, we are of the view that there is no evidence of opportunity that can constitute corroboration of the victim’s testimony as to the identity of Mwansa as the person who defiled her. We therefore find merit in the ground of appeal and it succeeds,” she said.
Judge Ngulube said the lower court’s conviction of Mwansa was unsafe and acquitted him.
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