THE CHIPATA High Court on Tuesday jailed a 72-year-old peasant farmer of Vubwi District to 15 years imprisonment with hard labour for defiling a 14-year-old minor, who also fell pregnant.

Appearing before High Court Judge Flavia Chishimba was Njolomole Phiri of Kachambo village in Chief Pembamoyo’s area, who was charged with one count of defiling a girl under the age of 16 years contrary to the Laws of Zambia.

Particulars of the offence were that on unknown dates but between June and February this year in Vubwi District, Phiri unlawfully had carnal knowledge of a girl and consequently impregnated her.

On February 2 this year, Pepuzani Kwenda, the grandfather of the girl went to pay a visit to his sister who was sick.

Upon his return, he noticed that his granddaughter was pregnant and he then reported the matter to Zozwe Police Post and the accused was summoned to the police.

At the police post the girl revealed that Phiri impregnated her, before he arrested and charged with defilement.

During mitigation, the accused pleaded with the court to exercise maximum leniency as he was a first offender.

He asked the court not to mete out a stiff punishment on him as he was already old.

In the same court, Charles Phiri 27, of Mankugwa village in Chief Mwanjabathu in Petauke District, was sentenced to 20 years imprisonment with hard labour for defiling an eight-year-old girl.

Facts before the court were that on November 5, 2011, the accused, who is a business executive, went with the girl to pick caterpillars in the bush.

But after returning around 17.00hours, the girl looked depressed and complained of pains on her private parts.

The following day, her parents noticed that her private parts had some discharge.

The court heard that the accused gave the girl a lift on the bicycle after he had defiled her.

In another case, Ms Justice Chishimba sentenced White Banda 37, a peasant farmer of Chimucheka Village under Chief Mlolo in Chadiza District to 18 years imprisonment with hard labour for defiling a 14-year-old girl.

Particulars of the offence were that on April 15 this year, Banda had unlawful carnal knowledge of the girl, who was at his house.

The accused forced himself on her after she refused his love proposals while her mother was in Mozambique.

The same court also sentenced Samson Zulu aged 24 of Katemo Village of Senior Chief Kalindawalo in Petauke District to 15 years imprisonment with hard labour for indecent assault.

Particulars of the matter were that the accused on February 24 last year, indecently assaulted a 17-year-old girl at around 01.00 hours as the girl was asleep.

The girl told the court that she did not give consent for the culprit to start fondling her private parts on the material day.

In another case, Ms Justice Chishimba jailed Joseph Phiri (37), a peasant farmer of Mumbi village in Chief Mumbi in Petauke District to 15 years imprisonment with hard labour for raping a 54-year-old woman.

A Thirteen-year-old girl has insisted before the Kabwe magistrate court that she has never had sex before her 30-year-uncle defiled her despite a medical report indicating otherwise.

Kabwe Magistrate Smart Mweene has since summoned a doctor based at Kabwe General Hospital to clarify the matter.

This is in case in which Emmanuel Chilufya of Makululu township is facing charge of defilement of a child.

Particulars before the court indicate that Chilufya on February 14 this year did defile the girl.

The girl narrated that on the fateful night as she was sleeping, her uncle sneaked into her room and before she realised what was going on she felt a man penetrating her.

She realised that her uncle, who is her step-father’s younger brother, was defiling her and switched on the torch which was below her pillow.

As she screamed for help, the torch dropped and the accused person ran away.

She said during the examination in chief by State Prosecutor Lackson Ngoma that at the time of the incident her mother was away attending a funeral.

She later reported the matter to a neighbour.

Her younger sister narrated that she was awakened by her sister who was screaming for help and saw Chilufya bolting before the torch dropped.

The prosecutor applied that the court summons the doctor who issued the medical report to explain circumstances after the girl insisted that she never had sex before her uncle defiled her.

A couple from Kalikiliki compound of Lusaka on Friday appeared at the Lusaka Boma in a matter where Ms Maureen Phiri summoned her husband Raphael Daka for reconciliation after she claimed loving her husband despite being unfaithful.
But Daka told a fully packed court room that he did not want to be with Maureen because of her continued cheating.
“Your Honour and people listening in here please bear with me, could it make sense for me to bring this woman back who had been caught three times having sex in the nearby bush with my neighbour” asked Daka.
He said two weeks ago Maureen was caught having sex in the bush again with the same neighbor and was brought home by a crowd of people and the police adding that this shameful behaviour made him to chase her from his house because he would not manage risking his life for a woman who was not ready to change.
He further said it would be better if his wife Maureen moved on and married the man she had been cheating on him with.
He said his wife had on several occasions cheated on him but at times he forgave her a situation which strained him to finally leave Maureen so that she could continue wife the life she had chosen.
However Maureen told court that she still loved Daka and could not marry any other man adding that she regrets what she had been doing to her Faithful husband.
After listening to both sides Magistrate Robert Zulu was left with no choice but to allow the couple to divorce as such a marriage could not work looking at the number of times Maureen cheated and the pain a man went through.

Lusaka Magistrate Chilembo last week referred a 70 years old man to Lusaka High court for sentencing after he found him guilty of indecent Assault on an 11 years old girl.
The man who was alleged to have been abusing the young girl by undressing, fondling and masturbating on her private parts later on give her a K 50 0000.
Ernest Kabwita a resident of Garden who could not further disagree when the girl testified against him told the court that his wife died a long time but that he had a girlfriend who at times spent nights at his house.
It was believed that Kabwita had on several occasions during the act warned that girl of been turned into a monkey if she told anyone as she also knew very well of the rumors that Kabwita was a wizard.
Facts before the court where that between January 1, 2010 and February 2012 Kabwita had carnal knowledge of a girl below the age of 16 contrary to section 137 as read together with amendment act number 15 f 2005 and cap 87 of the laws of Zambia.
During trial last week the minor told court that she had known Kabwita since 2009 adding that since then Kabwita had been calling her to his house and gave her money after he finished his indecent act.
“He used to call me when I was playing with my friends near his house, when I got into his house he could go to his bedroom, undress then lay me on the bed and smear some oil on his manhood then place it on my private part then after ejaculating he could then give me at least K50 000 which I used to buy dolls and sweets with my friends” said the child.
After cross examination of facts from both parties, magistrate Chilembo said it was right to note that Kabwita had known the girl as he could not deny or look at the girl when she appeared to testify in court.
However Kabwita is scheduled to appear at Lusaka High Court soon for his submissions and sentencing.

zambianstar.com

Three Zambia National Breweries Plc (ZNB) workers have denied having stolen money amounting to 134 Million Kwacha.
Chama Chanda aged 32 a sales man at ZNB, Rodrick Kunda 28 a stock assistant and George Mbewe, 38, a security guard appeared at the Lusaka magistrate court before magistrate Simusamba.
In the first count Chanda and Kunda are jointly accused of fraudulently accounting contrary to section 326 of the penal code and chapter 87 of the laws of Zambia.
It was believed that the duo on January 27 being persons employed by Zambia National Breweries Plc did defraud or make false entry on an invoice number 214622 dated January 27, 2012 indicating that they collected K 128, 076 000 million from Getol Goods Limited when infact not.
In the second count Chanda and Kunda are charged with theft by servant contrary to section 272 and 278 of the penal code and cap 87 of the laws of Zambia.
The duo were believed to have stolen K5 184 298 million, cash property belonging to Zambia National Breweries Plc on January 27, 2012.
While George Mbewe a security guard at the company had been charge together with Chanda the sales man and, Kunda the stock assistant and other unknown people for theft contrary to section 272 of the penal code and cap 87 of the laws of Zambia.
Meanwhile the three accused persons in the third offence are accused of stealing K5. 184, 292 million cash property of Zambia National breweries together with some other unknown people on the material date.
However police bond for the accused had been extended until May 15, 2012 for continued trial the Zambia National Breweries informed court that they were ready to bring 10 witnesses to testify in the matter.

"I could not control my sexual apetite that was why I defiled my niece" says 27 years old man of lusakas' Misisi compound.
Titus Banda who appeared before magistrate Chanda at lusaka magistrate courts yesterday told court that he was well informed that the girl he forced to have sex with was his brothers daughter.
Particulars of the offense where that on December 14, 2011 Banda had unlawful canal knowledge of a girl under the age of 16 believed to be his elder brothers daughter.
Banda stands charged with incest contrary to section 159 (1) of the penal code and chapter 87 of the laws of Zambia.
In his defense Banda could not deny the charge but told court that it was not easy as he did not have any option.
It was alleged that Banda took advantage of his niece when she went to visit him at his house in Misisi compound.
Banda who spoke fluently in nyanja said "Your honor I knew it was wrong and Iq regret my action but there was nothing i could do, you know these issues of sex".
However these sentiments sent people in the court room into laughter.
The matter comes up on April 30, 2012 as the state awaits for further instructions from Director for Public Prosecution (DPP) meanwhile Banda remains in police custody.

[Zambianstar.com]

A Zambia Air Force officer has pleaded not guilty to the offence of forgery after he was accused of forging his documents with intent to change his age in order to continue working despite reaching retirement age.
ZAF officer Evaristo Bwalya Musuna aged 59, of house number 35780/1080 Baulinia Avenue Chelston was charged by the Lusaka magistrate court in Lusaka yesterday with an offence of forgery contrary to section 347 of the penal code cap 87 of the laws of Zambia.
Before magistrate Willie Banda was Musuna who was believed to have on unknown dates but in April 2009 in Lusaka had changed his years with intent to defraud or deceive ZAF attestation paper form 2 purporting to show that he was born on June 2, 1959 when in fact not.
Musuna whom according to the first documentations from the Zambia Air Force showed that he was born in June 2, 1956 denied the charge of forging his age as he insisted that he was born in 1959 and did not understand where the officer got the information.
However this was revealed by Lieutenant colonel Isaac Tembo who noticed that Musuna had over worked exceeding his retirement age and had kept working for the Air Force at the Head Quarters in Lusaka.
Colonel Tembo told court that he noticed the mishap on Musuna’s age when he was going through the documents and compiling names of officers who were supposed to retire as he was mandated to do so six months before they could officially be told to retire.
He said he found two documents in Musunas’ folder which contradicted his age but however went to the order records showing dates when he joined the Air Force and how old he was by that time.
He later told the court that after that he decided to go to a school in chililabombwe where Musuna started his grade one.
While in chililabombwe Tembo visited Konkola Basic School and got hold of a class register which indicated that Musuna was born in 1952 and not 1956 as his National Registration Card indicated.
However the matter was adjourned to April 20, 2012 for continued trial.

Source: Zmbianstar.com

A court judge has declared that denial of sex was justifiable grounds for divorce after a man said that his wife had refused to sleep with him on their wedding night and had only consented 10 to 15 times over a five-month period.

A spouse who refuses to have sex with their partner is guilty of cruelty, the Delhi High Court ruled, in a case over a contested divorce.

“The testimony of the husband that the wife was never responsive and was like a dead wood when he had sexual intercourse with her remained unrebutted,” Justice Kailash Gambhir said in his verdict.



“It is evident that wilful denial of sexual intercourse without reasonable cause would amount to cruelty,” Gambhir said.



The high court rejected an appeal by the woman against the divorce, which was granted by a lower court in 2001 after the couple had married in 1991.



“Sex is the foundation of marriage and marriage without sex is an anathema,” Gambhir said.



“Marriage without sex will be an insipid relation.”



“There may be cases where one partner to the marriage may be over sexual and the other may not have the desire to the same level, but otherwise is fully potent,” he added.



The verdict came after Indian lawmakers last week cleared a draft bill to make divorces easier. Most marriages in India are still arranged by family members and divorce is rare, but rates are reported to have risen rapidly in recent years in the country’s larger cities.

[Source: The Press Trust of India]