Youth set free as defilement charge flops

MULENGA MUSONDA writes

A 21-YEAR-OLD man who was on the verge of spending not less than 20 years in jail has been let off the hook after the state failed to prove the allegations of Defilement against him beyond reasonable doubt.

In this matter Clever Mudenda stood charged with Defilement contrary to the Laws of Zambia.

Allegations were that Mudenda on date unknown but between 1st April and 30th April 2020 had carnal knowledge of a 12-year-old girl contrary to the Laws of Zambia.

According to the evidence on record, the girl said she was carnally known at the accused Aunts place.

When the matter came up for judgement in the Choma Fast Track Court for Gender Based Violence, Senior Resident Magistrate Idah Mupemo acquitted Mudenda for lack of evidence.

Magistrate Mupemo ruled that despite the medical report corroborating with the allegations, there was no evidence to substantiate the accused’s identity.

This was after she noted that the house were the alleged Defilement occurred belong to Steward Kapasa who did not know the accused person.

Kapasa who was also a witness in the matter testified that he lived alone and at no point was his house broken into. 

The Court thus acquitted Mudenda and set him at liberty fourth with after the Court noted a lot of lapses in the State’s evidence.