Rumphi Magistrate Court Friday sentenced Clever Mtengerenji, a police officer, to 72 months imprisonment with hard labour, for engaging in sexual activity with a 12-year old standard six girl at Livingstonia (Khondowe) in the district.
In his verdict, Magistrate Brian Msiska observed that the offense the policeman committed was very serious and carried a penalty of life imprisonment. He explained the country’s legislators came up with this stiff penalty to protect minors from sexual offenders.
“The legislators came up with this law for the purposes of protecting young girls and it is the duty of every person to protect young girls who are the most vulnerable in our society,” said Msiska.
He said the court treats every primary-school-going girl as minors as it is rare these days to find elderly girls (from the age of 18 and above) still in primary school.
“The court views that any girl in primary school today is a child. There are few exceptions where we find elderly girls still in primary school,” said Msiska.
He made this observation following a claim the convict made in his defence that he was in a love relationship with the school girl and that the lass had told him that she was 18 years old before their liaison began.
The Magistrate said as a police officer, Mtengerenji was not exemplary by going against the core values of his job-to protect life and property.
“The court has taken note that the convict is a police officer whose sole duty is to protect life and property, but in this case, he was actively at the forefront committing the offense,” said Msiska.
However, the presiding magistrate said the court had taken note of mitigating factors that Mtengerenji was a first time offender and that his job career was on the line following the conviction.
Nonetheless, Magistrate Msiska ordered that the cop, who was among the recently recruited officers, should spend a custodial jail term of 72 months in prison begging from the day he was picked by police for the offense.
“This court, therefore, sentences the accused to 72 months imprisonment to deter other would- be offenders and to send a clear message out there that children should always be protected,” said Magistrate Msiska.
He added that the offender had the right to appeal the conviction and sentence to the High Court.
Mtengerenji committed the offense on the night of 7-8th February, 2016 at his house where he, along with his colleagues and cronies, had organised a drinking spree which the girl had also attended.
Mtengerenji had reportedly lured the girl into his house with a promise that he would give her notebooks, but instead ended up drinking beer with her and later defiled her three times that night.
Constable Mtengerenji, 25 hails from Beni Village in the area of Traditional Authority Nsomba in Blantyre and at the time he committed the offense, he was stationed at Livingstonia Police Unit in Rumphi.
