Headlines

76-Year-Old Man Walks To Freedom After Acquittal On Defilement Charge

The Court of Appeal has acquitted a 76-year-old man of Lusaka who was sentenced to 15-years imprisonment with hard labour for defiling a 10-year-old.

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.

Copyright © 2020 ZR.

17 Comments

  1. SIATAMBULA

    then who are u going to arrest if u are busy releasing the offenders,try to be serious

  2. Banks Peter

    Osadabwa.This Is Zambia Where Judges Are Able To Defend A Killer After Being Given Something.

  3. CHAKANGA AMATE UKUMINA

    No evidence she is a 10year again she is a 16year i don’t know exactly how older this girl had, you should be serious government.

    • Daniel Temwani Phiri Youth Educator

      Stop showcasing your ignorance here, re-read through and now check your comment.

  4. Mumba Kenneth

    Chakanga what the are saying is that the girl is 10 years but according to a Zambian under 16 years is defilement. But where there is money there is no problem. Because money buys anything. Who knows what happened behind. Get from me these court were built for those who don’t know to talk and the poor

  5. Stomyozo makayangoshe lupopo

    Ba fudge pettie mwatena Pena apa sure nayishibikwa ati chikala alelya elo mwachitefi. Nishi shikulu nilipwa wenu. Pliz emulate mambilima no wonder tokota are killing pipo with impunity. Koma chanibaba

  6. Kay

    One Zambia one nation

  7. CONCERNED CITIZEN

    Some judgement are quiet unfair,i bought a car battery from mutast auto shop in garden compound and the battery was on guarantee for one year ,I barely used the battery for one to two month and the battery gave problems. I went to mutast with authentic receipts for me to have a refund or exchange the battery but the seller told unprintable ,I further went to ccpc but they told me that mutast had no case to answer despite me producing the proof of purchase . sure where do we go to if such institutions cant help customers.

  8. Emmanuel Chilengwe

    You did well to arrest that old man and parents teach your children to wear long skirts or any clothe that can show respect to the people.Zambia is a Christian Nation look at how Muslims they wear, the wear long clothes so parents try to teach your children to wear clothes that can show respect to people.

    • Eswatini Citizen

      Chilengwe you are mad. We are not moslems. And there are no clothes that show respect to people. How people read what Iam wearing is their own problem.

  9. Bwezani

    You batch of fools

  10. Jms

    Take a 78 year old man and a 10 years girl and then observe their strength, you will see why and how the judgment was so.

  11. Josphat Banda

    In always defend the killer were are we going please.

    • Josphat Banda

      In Zambia always defend the killer were are we going please

  12. Sparta

    I bet mob justice is the best…the judges are too corrupt…the aquitted man deserves castration punishment using surgical blades…

  13. Wilson

    a 10 years old girl was raped by a 76 yrs old but no evidence has been found 🤣🤣🤣🤣that’s funny ba judge…I’m coming for your 12 yrs daughter…and I gues there will be no evidence too…

  14. Douglas

    Kkkkkk Uuuu… You ‘ll never know. May be The old man used some charm to work upon the judges’ minds. It happens.

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