Magistrate Court in Machinga has convicted and sentenced James Lupale, 31, to eight years imprisonment with hard labour (IHL) for defiling his under-aged sister in-law.
Ntaja Police based prosecutor, Inspector Cliff Kalawa told the court that the accused married elder sister of the victim and were staying together with the victim.
“On June 15, 2020, the accused dragged the victim into the bathroom where he was bathing and he had carnal knowledge of her.
“When the wife noted that her husband was taking long in the bathroom, she decided to follow and caught her husband in the act,” Kalawa told the court.
According to Kalawa, the victim revealed that she had been having sex with him for over three occasions.
It was also learnt in court that the matter was reported to Nanyumbu Police Post where the girl was further referred to hospital for medical examination and treatment.
It was further heard that results from the hospital proved that the girl was defiled.
Appearing before court, the convict pleaded not guilty and denied the charge.
However, Kalawa proved the matter beyond reasonable doubt and the court found Lupale guilty of defiling a minor.
Lupale, however, prayed for leniency, saying he he is a bread-winner for his family and a first offender.
In his submission, Kalawa said the convict deserved a stiff punishment because he was the one to protect the victim under his custody.
Kalawa said instead the offender was the one defiling her which is a serious offence in nature and that such cases are common in the area of Paramount Chief Kawinga.
Passing judgment, Senior Resident Magistrate Muhammed Chande concurred with the state and sentenced the convict to eight years IHL.
Lupale hails from Kassimu Village in the area of Traditional Authority Kawinga in the district.
