…Charged with defilement, ordered to pay K50 thousand
Machinga First Grade Magistrate’s Court on Wednesday ordered a 15-year-old boy to pay K50, 000 for defiling a 16-year-old girl.
Machinga Police Prosecutor Constable Gift Kalamula told the court that since February this year father to the victim had been suspicious with the movements of his daughter.
Kalamula said the girl’s father then decided to start following her after hearing that she was dating the accused.
“On April 4, the father discovered that his daughter spent a night at the house of the accused,” he told the court.
Kalamula further said the girl’s father reported the matter to Nselema Police Station.
Immediately, the police referred the girl to Machinga District Hospital for examination and results confirmed that girl had sex with the boy.
“We arrested the young offender and a docket of defilement opened against him,” Kalamula told the court.
The boy pleaded not guilty and denied the charge which prompted the State to parade four witnesses whose evidence led to his conviction in line with section 138 (1) of the Penal Code.
In his determination, First Grade Magistrate Jones Masula said the court settled for a lenient punishment because the offender is of tender age.
Masula, therefore, ordered the convict to pay a K50, 000 fine with a caution not to commit another case of the same nature in the next three years.
The convict (name withheld) hails from Mzinda Village in the area of Traditional Authority Bwananyambi in Mangochi. (By Patrick Ndawala, MANA)
How does a minor defile another minor? And why did the boy defile the girl and not the other way around?
What is the age limit in the country for one to start having sex? What is the difference between lovemaking and rape? As I understand the two were in love. Please refrain from abusing power. The boy is not guilty,the judge is and must be suspended , period.
” … examination … results confirmed that girl had sex with the boy.”
I can believe that results confirmed that the girl had sex, but do not believe that they confirmed that the boy was involved. The latter would need a DNA test, which cannot be done in Malawi.
This is gross miscarriage of justice….in fact, why not charge the girl???? za ziiiiiiiih
Mind boggling indeed! The boy is 15 and the girl is 16 and the magistrate decides to charge the younger for defilement! Both of them are minors and the question of defilement should not come into play and if someone has to pay for the ‘crime’ it is the ‘older’ one, the girl!
Penal Code my foot, if you say that what these youngsters did is a sin and inacceptable in the eyes of The Lord yes I agree 100% but not the state punishing one thats useless.