High Court to sentence Chongwe man for defiling, fathering 2 with step child

A 39-year-old man of Chongwe district accused of defiling his step daughter and fathering two children, has been convicted and committed to the Lusaka High Court for sentencing.

Lusaka Magistrate Ammie Masoja found the accused guilty and committed him to the High Court after noting that the State had proved the case beyond all reasonable doubt.

In this matter, Tobias Chilimbo, of Munyeta village in Chongwe, is charged with defilement.

Particulars of the offence allege that between January 2, 2014 and January 9, 2017, Chilimbo, a general worker, had unlawful carnal knowledge of a child under the age of 16.

He had denied the charges.

During trial, the victim testified that she fell pregnant on two occasions and had two children after her step father repeatedly had carnal knowledge of her.

She narrated that after giving birth to her first child, her stepfather continued having sex with her as if she was his wife.

The victim told the court that in 2012, she asked Chilimbo for money to buy books as she wanted to go school, but the accused told her that if she wanted to go to school, she should do everything he wanted.

She said when everyone left the house, the accused called her to his bedroom where he defiled her.

The 17-year-old added that after defiling her, Chilimbo gave her a K20 and threatened to kill everyone in the house if she told anyone about the ordeal.

The victim said from that point, Chilimbo made it a habit to have carnal knowledge of her whenever her mother was not home.

She disclosed that in 2016, she became pregnant for Chilimbo and when she told him about the pregnancy, he asked her never to mention his name.

The juvenile further testified that when her child turned three months after giving birth, Chilimbo continued having sex with her.

The victim testified that when her first child stopped breastfeeding at one year six months, she conceived again.

The 17-year-old said Chilimbo was arrested after she revealed to her aunt that he was responsible for her pregnancy and was also the father of her son.

But in his defence, the 39-year-old denied ever having sex with his step daughter saying all those who testified that he was the father of the victim’s children were not telling the truth.

In cross examination, Chilimbo said his wife told him that the person who impregnated the victim was someone only known as Peter.

But in her judgment delivered on Friday, magistrate Masoja found that both the mother and father to the victim knew that the girl was of tender age when she got pregnant.

She said the mother knew what was going on and she could be referred to as an accomplice.

“The State has proved the case beyond all reasonable doubt. It is Chilimbo who committed the offence and I find him guilty. I don’t have the jurisdiction to sentence you as the mandatory sentence can only be passed in the High Court. I therefore commit you the High Court for mitigation and sentencing,” said magistrate Masoja.

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