High Court judge Elita Mwikisa has sentenced an accountant of Lusaka West to life imprisonment with hard labour for sodomising his five year-old nephew.
Judge Mwikisa wondered how an uncle could defile his young brother’s son, noting that the child had suffered traumatic pain that one cannot even comprehend.
This is the matter in which Victor Mulungwe of Betty Farm was charged with unnatural offence.
Particulars of the offence were that on November 27, 2014 in Lusaka, Mulungwe had carnal knowledge of a child against the order of nature.
He had denied the charge but was convicted at the conclusion of the State’s evidence.
During trial at the Lusaka Magistrates’ Court in 2015, the victim’s father told the court that the accused was his elder brother, adding that the incident left his son withdrawn.
“My son is not as he was. He is withdrawn and when you mention Victor’s name, he withdraws and becomes very sad,” he had told the court.
He further told the court that for two weeks, the child could not pass stool until he was taken back to the hospital for further treatment.
The victim’s father said his son also developed a boil in his testicles.
The court also heard that on the material day, the victim’s parents were looking for him after he went outside to play.
The child was found at Mulungwe’s house standing between the convict’s legs.
The victim, who was looking sad, was later taken to his parents’ house and when he was asked why he was looking sad, he could not disclose.
He later complained of pain in his genitals and after he taken to the clinic, it was discovered that his anal passage had cracks.
The victim later told his grandparents and counselors at the clinic that Mulungwe had sex with him.
Mulungwe denied the allegations, claiming that he was framed but Lusaka Magistrate Aridah Chulu convicted him of the offence and committed him to the High Court for sentencing.
She said she had no doubt that the convict took advantage of the child.
“The accused claims that he was with the boy to give him encouraging words that he should be strong in life. I find this very odd because it was during this same time that the boy was depressed. It is a fact that the accused was telling the boy to be strong because of what he had done to him. I have no doubt that the accused took advantage of his own nephew and defiled him whilst he was alone with him in the house,” she said.
And when the matter came up for sentencing before the Lusaka High Court, Monday, judge Mwikisa upheld the lower court’s conviction.
At this point, National Prosecutions Authority senior State advocate under the gender based crime unit, Bob Mwewa, submitted that looking at the plight that the victim suffered, a maximum sentence should be meted out on the convict.
Passing the verdict, judge Mwikisa said the offence Mulungwe committed was very serious and on the increase in society.
“Mr Victor Mulungwe, I just wish to remind you that the offence you were convicted of has been upheld by this court and it’s a very serious offence. According to your own mitigation, in some aspects, you appear to be very remorseful and some aspects, you seem to be denying that you committed this offence but that is your constitutional right,” said judge Mwikisa.
“I will sentence you to life imprisonment with hard labour with effect from the date of your arrest. You are at liberty to appeal this sentence.”