The Second Grade Magistrate court at Chintheche in Nkhatabay has sentenced 56-year-old Foster Banda to 18 months in prison for indecent assault of his 7-year-old niece.
The court heard through state prosecutor Sergeant Martha Chingwalungwalu that the victim stays with both her mother and her uncle (suspect) in a house.
On March 23, 2022 in the morning, the victim’s mother went to attend to other issues leaving the girl in the room while sleeping.
It was further reported that immediately after the victim woke up, she went straight to a store room to drink some water where Banda followed her and started touching her private parts.
The matter was later revealed to her mother who further reported to officers at Chintheche where the law enforcers arrested the suspect and charged him with indecent assault.
In court, he denied the charge but the state paraded three witnesses who testified against him.
In submission, prosecutor Chingwalungwalu said the convict’s action is a threat to his own niece who looks up to him for protection. The prosecutor therefore prayed for a deterrent sentence.
In mitigation, Banda prayed for leniency saying he is a first offender and also a breadwinner.
But when passing the sentence, magistrate Alex Mailosi quashed the mitigating factors and sentenced the convict to 18 months IHL with effect from the date of arrest.
Banda hails from Kachiwiwi Village in Traditional Authority Fukamalaza in Nkhatabay District.