A 23-year-old man, Jafali Mataya from Mangochi will have to spend eight years imprisonment with hard labour (IHL) for defiling a girl under the age of 16 contrary to section 138 (i) of the penal code.
Mangochi Senior Resident Magistrate’s Court handed down the sentence to Mataya on Monday upon convicting him of the offence.
State Prosecutor, Sub-Inspector Regina Makwinja told the court that the incident occurred on April 23, 2019 at around 18:00hrs at Chabwelera Village in the area of Traditional Authority Mponda where Mataya found the minor, aged 10, playing with a friend.
Makwinja told the court that the accused, with an evil intention, bought the girls some mandasi (fritters) and sweets before asking them to escort him to Kalino Village, half a kilometre away from Chabwelera Village.
“On their way back, the accused used a short-cut path with the 10-year-old and on the way, near a borehole, the accused gagged the minor with his hand to stop her from shouting for help before defiling her,” Makwinja told the court.
Appearing before court, Mataya pleaded guilty and admitted to the offence levelled against him and Senior Resident Magistrate, Joshua Nkhono found the accused with a case to answer upon his own plea of guilt.
In mitigation, Mataya asked the court to be lenient on the grounds that he is a sole bread-winner for his family.
But in her submission, Makwinja prayed for a stiff penalty to deter others from committing a similar offence prompting Nkhono to hand down the eight year jail term.
Nkhono concurred with the state describing the convict as a threat to innocent and unsuspecting minors in the society and that his imprisonment would create a safer environment for young girls.
Jafali hails from Chibwelera Village in the area of Traditional Authority Mponda in the district.
