Senior Resident Magistrate Court in Dedza has convicted and sentenced a 54-year-old man, Juvinili Songwe, to 18 years imprisonment with hard labour (IHL) for having sexual intercourse with a 16-year-old mentally challenged girl.
It is reported that Songwe committed the offence on 23rd September 2023 at around 20:00 hours at Lodzanyama Village in the district.
State Prosecutor Inspector Goodwin Binali, told the court that the victim went into the kitchen on the said date to collect some pots.
“Whilst in the kitchen, Songwe came in and demanded sex from the victim. While in the act, a certain girl came in unexpectedly and Songwe gave her a K1,000 note so that she should not tell anyone about the incident,” Binali told the court.
He further said the convict also produced a sum of K200 and gave it to the victim as a token of appreciation.
Later, the victim informed her mother about the incident and reported the matter to Mayani Police Unit.
“Investigations were instituted leading to the arrest of the suspect who was charged with having sexual intercourse with a person of mental disability which is contrary to Section 139 of the Penal Code,” said Binali.
Appearing before court, the suspect denied the charge prompting the state to parade five witnesses who testified against him.
In his submission, Binali said the convict committed a serious offence which attracts life imprisonment.
He said Songwe, knowing the victim’s status, was supposed to protect and not take advantage of her.
He, therefore, asked the court to give a stiffer punishment to deter other would-be offenders.
In mitigation, Songwe prayed for the court’s leniency stating he is old and a first offender.
Passing sentence, Senior Resident Magistrate James Mankhwazi, quashed the mitigating factors and concurred with the state’s submission and ordered Songwe to 18 years IHL.
Songwe comes from Bwanali Village, Traditional Authority (TA) Tambala in Dedza district.
By Steve Chirombo
