Pakistani national jailed 16 years for raping a teenage Malawian girl

A court in Zomba has sentenced a Pakistani national to 16 years imprisonment with hard labour for raping a 15 year-old Malawian girl.

The convict Zeeshan Jaral Raja, 33, repeatedly raped the girl between 13th and 19th of August, 2016 at Liwonde Township in Machinga.

The court heard from state prosecutor Josophine Chigawa that the rapist was a businessman and owned a shop at Liwonde Township.

On 13th August, 2016 he was approached by the victim who wanted to sell him a camera so that she could add the proceeds to her transport money as she was on her way to Zomba to see her grandparents.

After hearing the victim’s story, the convict convinced her not to sell the camera saying he will employ her as a housemaid and after some days he would give her the money to proceed with her journey.

The deal materialized but later things changed as the convict started raping the garland she could not escape as she was always locked inside the house.

“News came to light after the victim was spotted inside the house of the convict which is semidetached to the shop and this made her mother to go in search of the girl at the convict’s shop,” Chigawa told the court.

When the mother asked the convict of her daughter’s whereabouts, he denied keeping her a development that made the woman to report the matter to Liwonde Police.

Officers searched the convict’s house and they found the girl hidden in a deep freezer which was not connected to electricity.

The victim was referred to Machinga District Hospital for medical examination where it was proved that she was really raped.

The convict was then charged with two counts of defilement which is contrary to section 138 (1) of the penal code and child trafficking which is contrary to section 79 (1) of Child Care, Protection and Justice Act.

Appearing before the Zomba Chief Resident Magistrate court, the convict Zeeshan Jaral Raja pleaded not guilty to both counts a development that made the Police to parade seven witnesses including the victim.

Following the evidence tendered by the state which proved the case beyond reasonable doubt, the convict was found guilty and consequently convicted on both counts.

In her submission before sentencing, state prosecutor Chigawa asked the court to consider giving the convict a stiffer sentence.

She said girls are going through different kinds of torture; and it is the duty of the courts to protect the girl child by passing meaningful sentences. Chigawa added that in this case, the victim was physically, psychologically, and emotionally affected which could lead to trauma that could affect the victim’s future.

But the convict through his lawyer asked for suspended sentence saying that he is still a young and industrious man who needs time to reform and re-integrate into the society. He also asked the court to consider the behaviour of the girl who has a history of running away from her parents and staying with boys.

Passing sentence on Tuesday, Chief Resident Magistrate Agnes Patemba concurred with the state that the convict deserved a stiffer sentence. She said it’s true that the courts have the duty to protect the girl child from sexual abuse by imposing sentences that are within the law and that will also satisfy the public.

The magistrate added that court sentences are guided among other things by personal circumstances of the offender, circumstances of the victim, severity of the crime, and the interest of the society at large as well as the prevailing sentencing trends.

Then regarding the evaluation done, Chief Resident Magistrate Agnes Patemba sentenced Zeeshan Jaral Raja to 16 years imprisonment with hard labour for defilement and 9 years for child trafficking saying the sentences are to run concurrently.

She said the convict is 33, and he will come back from prison while 49 years-old hopefully as a better man and will still make some contribution to the society.

Zeeshan Jaral Raja comes from Pakistan but was residing at Liwonde Township in Machinga district where he had a retail shop.