Mzuzu Senior Resident Magistrate’s Court yesterday sentenced Kaziputa Banda, 48, who was initially acquitted by Chintheche First Grade Magistrate’s Court, to 18 years imprisonment for defiling an 11-year-old girl.
Banda was acquitted by the lower court on the basis of insufficient evidence.
But Senior resident magistrate Peter Kandulu said the lower court erred in its judgement by allowing an investigator to tender a medical report other than medical personnel who produced it.
The higher court questioned the usage of an unauthentic report as evidence and failure by the lower court to consider evidence in totality.
State prosecutor Damiano Kaputa told the court that Banda defiled the girl twice on different occasions.
“On the first occasion, he dragged the girl into a bush where he defiled her and gave her K50. Days later, Banda defiled the girl in his house and threatened to stab her if she revealed the matter, but the girl shared her ordeal with friends who in turn informed her parents,” he said.
Kaputa told the court that the convict was arrested by police and later charged with defilement contrary to Section 138(1) of the Penal Code.
Banda comes from Chavula Village, Traditional Authority Fukamapiri in Nkhata Bay.