THE Ndola High Court has sentenced a 65-year-old man of Luanshya to 20 years imprisonment with hard labor for defilement.
In this case, Kafula Sinkala was charged with defilement of a girl under the age of 16 contrary to the Laws of Zambia.
It was alleged that Sinkala defiled an 11-year-old girl in Luanshya in 2017.
When the matter came up for sentencing, Ndola High Court Judge in-charge Emelia Sunkutu said she was supportive of the charge against the convict and he was properly convicted by the lower Court.
“This is the most unfortunate offence because it torments the privacy of the person. No one has a right under the sun to defile a child. Children should be left to grow up and develop, and when time comes for them to have sex, they can have it with a legal age and consent. Your conduct was nauseating to say the least. By the time (you defiled the child), you were 62 and the girl was 11, what possessed you? The courts have repeated that children need protection. We give stiff sentences, nothing has deterred offenders,” Justice Sunkutu noted.
“There is one aggravating factor in this case and that is the age of the girl who was just 11. For that I find that to give you the minimum sentence will be inappropriate. I will sentence you to 20 years imprisonment with hard labor. Effective November 17, 2017.”
And Justice Sunkutu also sentenced a 37-year-old man of Luanshya to 20 years imprisonment with hard labor for defilement.
In this matter Dominic Sampa was charged with defilement of a child contrary to the laws of Zambia.
“The offence of defilement is a heinous offence on so many fronts. This offence is avoidable. No one puts a gun on you to defile a child. You have the free will. Mr Sampa you are not an animal, you need to reason as a human being. I find that you are not entitled to the minimum sentence of the law,” said Justice Sunkutu.
She said what was shocking was that Sampa defiled a girl right in the house where he was being hosted.
“Two aggravating factors, the girl was 9 years and you were related to the father, and you were hosted in the house whom you defiled the child. Surely someone is hosting you, you above that defile the child. That is morally offensive to society. Let society ensure that children are protected. If not, what hope do we have for Zambia? I will sentence you to 20 years imprisonment with hard labor,” said Justice Sunkutu.