The High Court sitting in Mansa has sentenced two people to 25 and 20 years with hard labour for incest contrary to Section 159 sub-section 1 of the penal amendment Act number 15 of the Laws of Zambia.
Before High Court Judge, Justice Emmelia Sunkutu, were Telala Bwalya, 56, and Wilson Bwalya, 20, both peasant farmers of Kabange Village of Chief Milambo in Milenge district of Luapula Province.
The two were jointly charged with incest involving their nine-year-old daughter and half –sister, together with two others in the same case, who were charged with indecent assault of the same child.
Facts before the court were that Telala and Wilson, on dates unknown but between January 1 and April 9, 2011, did on different occasions have canal knowledge of their nine- year-old daughter and half-sister.
In passing judgment, Justice Sunkutu noted that in her carrier, she presided over many cases but was shocked with this particular case were four people could sexually molests a nine-year-old girl.
Justice Sunkutu, who described the case as ‘an evil act’, observed with sadness that cases of defilement have become rampant in Luapula Province.
She said instead of protecting the child, it is sad that the father and brother could go on to abuse a nine-year-old daughter and sister.
Meanwhile Justice Sunkutu has sentenced the other two in the same case to 15 years imprisonment each with hard labour for indecent assault to a child, contrary to Section 137 sub-section 1 of Act number 15 of 2005.
These are Shadrick Kondowe, 31, of Kabange village in chief Milambo, and Clement Saka, 20, of Mungulube village in Chief Kalasa Lukangaba.
Sentencing the two, Justice Sunkutu charged that children have the right, in all aspect s of life, to grow in sacred manner.
She said the case of indecent assault to a child has a minimum sentence which is compelled to mate, hence sending the two to jail for 15 years.