Lusaka Magistrate Nsunge Chanda has adjourned a case involving an 18-year-old grade nine pupil of Bayuni Primary School in Makeni area who is facing one count of defilement to February 12 for possible trial.
The juvenile had pleaded guilty to the charge, saying he thought she was 17 and that the two were in a relationship.
The juvenile, who resides in Lusaka’s John Laing Compound, told the Court that the girl allowed him to have carnal knowledge of her, but it only happened once.
The said juvenile is facing one count of defilement of a child.
It is alleged that in July, 2018, he had unlawful carnal knowledge of a girl under the age of 16.
But after his plea, Magistrate Chanda ordered that the girl be brought to court for age determination and it was discovered that the girl was indeed 17 years-old and that she was six months pregnant.
And when the matter came up, Tuesday, for facts and sentencing, Magistrate Chanda said she could not proceed with the facts as there was a defence in the matter.
“Facts won’t proceed because there’s a defence. We want to go into trial because the girl said she’s 17 years. This will be an equivocal,” Magistrate Chanda said.
She further said the State had to prove that the girl was under the age of 16, which would then lead the matter into trial.
She adjourned the matter to February 12, 2019, for possible trial.
Magistrate Chanda further returned the juvenile’s police bond, which was revoked when he pleaded guilty.