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The First Grade Magistrate's Court, sitting at Mponela in Dowa District, has convicted a 41-year-old man for defiling his 10-year-old biological daughter.
The father, name witheld for ethical reasons to protect the minor, did the unthinkable and cruel act during the night of April 28 and 29 2017 when his wife, aged 36, name also witheld, had left the home over a family dispute.
When prosecuting lawyer Siphosana Kajumie from Directorate of Public Prosecutions (DPP) laid the defilement charge against the accused, he denied it and the matter went for full trial and four witnesses who were his wife, the victim, the investigator and a clinical officer were summoned to testify against him to prove the charge.
At the end of the case last week Wednesday, the court found the accused guilty and consequently convicted him after confirming elements of the offence.
The court learnt earlier that on this night, and taking advantage of the absence of his wife, he took her daughter into his bedroom where he defiled her, and the daughter slept in his bedroom until morning.
The court was satisfied that the convict had carnal knowledge of the girl.
The court struck off the charge of incest which he also faced because it emanated from the same facts and on one transaction with the defilement offence.
The magistrate said he did this to avoid inflicting double jeorpady on the convict.
The court reserved its sentence to another date.
Reacting to the court's decision, the victim's grandmother said she was happy with the outcome. She said she has been haunted by the actions of the convict and is praying for a long custodial sentence.
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