The Court of Appeal has set free a Livingstone man who was sentenced to 40 years imprisonment with hard labour for defilement.

Before the Court of Appeal, sitting in Ndola, was Oliver Sakufiwa of Livingstone who was charged with defilement of a child under the age of 16.

Particulars where that Sakufiwa on April 16, 2016 in Livingstone did have carnal knowledge of a girl under the age of 16.

The High Court in Livingstone sentenced Sakufiwa to 40 years imprisonment with hard labour.

But Sakufiwa appealed against his conviction and sentence in the Court of Appeal.

Court of Appeal Judge Florence Lengalenga ruled that the trial court erred when the court convicted Sakufiwa.

“The trial court erred on the 40 years. The said sentence is excessive and has come to the court with shock considering the appellant is very young. The identity of the appellant was not collaborated. It was unsafe in the absence of collaboration. We allow the appeal and quash the conviction. We uphold the appeal and set aside the sentence. The appellant is acquitted,” said Justice Lengalenga.

Sakufiwa wept and prayed to God while in the accused dock after he was told to go home.