44-year-old Lusaka man, identified as A.B from Obama area, has been found guilty of incest after defiling and impregnating his 12-year-old biological daughter on two occasions.
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The case has been committed to the High Court for sentencing.
Resident Magistrate Chrispin Hampungani delivered the verdict yesterday, stating that the prosecution had proven its case beyond a reasonable doubt. Medical reports presented in court confirmed the defilement of the victim, identified as Z.B.
A.B had denied the charges of defiling his daughter, who is under the age of 16.
The incidents occurred between April 1, 2023, and August 10, 2023, in Lusaka.
Z.B testified that her father defiled her in the living room on both occasions when her mother was absent.
During the trial, the court briefly detained Z.B’s mother after it emerged that she had attempted to shield her husband by burning hospital documents, which were crucial evidence of the defilement.
Magistrate Hampungani expressed strong disapproval, warning the mother that she was prioritising her marriage over her daughter’s well-being.
In her testimony, Z.B recounted the first and second incident and stating her father sent her younger siblings to a shop before assaulting her.
“I was in the sitting room with my young sibling, Dad sent them to the shop, he laid me on the ground and took off his trousers. He then took off my pant and he removed his manhood and inserted in my Vagina, I felt pain on my private part. He finished and pushed me aside whilst I was crying,” she narrated.
She informed her mother and subsequently ‘reported’ the matter to the police.
Z.B discovered she was pregnant after the second incident.
“The second time Mum was at work and I was in the sitting room, my dad sent my young ones to the shop to buy biscuits… Some days past and my periods stopped coming. I informed Mum that I was no longer seeing my periods. When I told her, she said she will talk to dad. She talked to him and they started quarreling.”
“My grandfather asked me who had impregnated me, I said it was Dad, we went to the hospital. After checking, it was confirmed that I was three months pregnant. The doctors suggested I was too young to carry a child, they said I should abort.”
Upon returning home, Z.B testified that her mother began burning documents from both the police and the hospital.
When questioned by the court, the mother denied burning the evidence.
The court raised concerns about why the mother was not jointly charged for destroying evidence and attempting to obstruct justice.
Magistrate Hampungani then ordered the mother to be remanded for not being truthful.
Despite A.B’s denial, claiming he was a busy man frequently away for work, he confirmed Z.B was his biological second-born daughter.
After reviewing the evidence, the court found A.B guilty of incest and convicted him.
“The case carries a minimum of 20 years and above, I do not have jurisdiction, I commit you to the High Court for sentencing,” stated Magistrate Hampungani.
