The Ndola Magistrates’ Court has acquitted a 22-year-old man who allegedly forced an eight-year-old girl to suck his manhood which he claimed produced “Milkit”.
In this case, Samuel Mpengula of Kabushi was charged with unnatural offences.
Particulars alleged that on May 19, Mpengula had unlawful carnal knowledge of a child against the order of nature.
Earlier, during trial before Ndola resident magistrate Monica Mutinta, mother of the victim testified that she got a phone call from one of her daughters that her youngest child was found sucking Mpengula’s manhood.
She said when she rushed home and questioned Mpengula, he denied having committed the offence.
The mother also told court that the incident was not happening for the first time as previously, Mpengula was caught doing the same thing to her daughter.
She testified, however, that the family did not report the matter to police but opted to resolve it privately.
“I decided to report him to police this time around because this was happening for the second time. The first time when he fed my daughter his private parts, I forgave him and we sat as family,” she said.
She further narrated that she did not her check her daughter’s mouth because time had passed after the incident happened.
The victim’s mother also said when she asked her daughter about the incident, she explained to her that Mpengula placed his manhood in her mouth.
“My daughter said he put ‘MTN’ in her mouth, by MTN, she meant private parts,” she narrated.
And a 15-year-old neighbour, Christine Ngosa, said she saw Mpengula laying on a bed in his room while the child was sucking his manhood.
She testified that she then rushed outside and called other people to witness what happened.
“When I peeped through the door, I saw Mpengula on his bed while the child was down on the floor sucking his private parts,” she said.
When the matter came up for Judgement, magistrate Mutinta wondered why the prosecution did not call the victim to be a witness.
“After going through the evidence before court, I warn myself on the dangers of conviction. It is strange that the prosecution could not call the victim to be one of the witnesses. The prosecution has failed to prove the case beyond reasonable doubt. I therefore, acquit the accused of the charge of unnatural offence and set him free,” said magistrate Mutinta.