A DRIVER of Shantumbu area in Lusaka will be off the streets for not less than a quarter of a century having been convicted of raping and sodomising an 83-year old frail grandmother.
The Lusaka magistrates court has convicted Maurice Chomba for rape and unnatural offenses.
In a gut-wrenching testimony, the grandma recollected how she was almost sent to her grave prematurely by the bus driver who was her tenant, when he forced his erect rod in her lady parts and subjected her to anal sex at the same time.
She said she almost passed out due to his virility as she felt that he was raping the life out of her.
The grandma said she was rescued by her grandson who heard her screaming due to pain.
In his defense Chomba claimed the grandma had framed of the offense.
He said he was undressed and locked up by her grandson but he managed to escape through the window.
In her findings magistrate Mutinta Mwenya found that Chomba attempted to bribe the woman’s grandson with a K1,500 which he refused as it was not worth his grandmother’s life.
She noted that the medical report indicated that the grandma sustained swollen genitalia due to forced penetration.
She ruled out the issue of false complaint because when Chomba forced himself on her, she screamed which indicates that she did not consent to the sex.
Magistrate Mwenya said she did not find any reason the grandson could falsely accuse Chomba, as he caught him in the act.
“I don’t see a reason an old woman can falsely accuse the acccused. I find that there is overwhelming collaborative evidence that the survivor did not consent to canal knowledge,”she said.
“There was also evidence that the accused wanted to pay K1,500 to pacify the anger of the grandson. The accused buying silence was collaborative evidence that he committed the offence.”
Magistrate Mwenya said she was satisfied that the prosecution had proved the case of rape and convicted him.
“I have found overwhelming evidence that the accused used his penis to penetrate the victims anus. She also said from that day, feaces just come out as he used force and he damaged her anus,” said magistrate Mwenya.
“I am a satisfied that the prosecution have proved both counts of rape and unnatural offenses. I accordingly convict him and am hereby committing you to the High Court for confirmation of this conviction and sentence. You will no longer appear before this court. Your case is closed. I am committing you to the High Court because I don’t have jurisdiction to sentence you in this matter.”
By Mwaka Ndawa
Kalemba December 6, 2024.
