The Senior Resident Magistrate Court in Lilongwe has found 47-year-old Rahim Danken not guilty of the offense of defilement. Danken was arrested on 31 December 2023 in Chinsapo on suspicion that he had carnal knowledge of a girl under the age of 18 years.

It was alleged that on 29 December 2023, a 12-year-old girl (name withheld) who was living in a compound of four houses went to urinate in a communal toilet at night. The accused, who was living in the same compound, also went to the toilet moments after the girl to ease himself. When he knocked on the door, he realized that the toilet was occupied, so he went to the bathroom.

The girl’s mother started calling the girl from her house and the girl responded that she was peeing. As Danken later wanted to enter the toilet, he was grabbed by the girl’s mother who asked what he was doing with her daughter. He responded that he wanted to ease himself in the toilet.

On 31 December 2023, the girl’s father went to Danken’s house with police officers who arrested him saying he was suspected of defiling an underage girl.

Danken sought legal aid and when granted, he was represented in Court by Senior Legal Aid Advocate Jacqueline Mtanthiko with assistance from Assistant Legal Aid Officer Jamila Stambuli.

In Court, the State paraded five witnesses to prove that the accused was in the wrong. In his defense, the accused, who pleaded not guilty, informed the Court that bumping into each other within the compound was common, but he did not have carnal knowledge of the girl.

Counsel for the accused further argued in Court that evidence showed that there was no penile penetration, the girl’s hymen was intact and there were no tears. It was further put to the Court that the alleged act did not take place at all and the accused must be acquitted.

The Senior Resident Magistrate while agreeing with submissions from the Bureau noted that there was a lack of proper evidence presented by the State. Danken has therefore been set free.