adminRegional magistrate Mr Rogers Kachambwa sentenced the student to 14 years in jail before suspending five years on condition of good behaviour.
The girl, using her mobile phone, managed to record a conversation in which her uncle asked for sexual favours shortly before she was raped.
This made the prosecutor’s job easy as he secured the man’s conviction without much sweat. The man failed to rebut the evidence.
When the court asked him the sentence he expected considering the offence, the man, who was studying for a degree in Sociology, opted for community service.
Asked why he had opted for a lesser penalty, the man had this to say, “I am taking care of my 82-year-old father who has high blood pressure and I can not imagine causing his death if I am to go to jail.
“Like biblical Moses, I am the Moses of my family for all my relatives are looking up to me for changes since I am the only one who managed to go to university.”
He also pleaded with the court to consider that he was left with 25 days to write his final examinations. However, in aggravation, prosecutor Mr Nathaniel Chigoro argued that the man had committed a serious offence, which called for a custodial sentence.
Mr Chigoro said that community service or suspension of the sentence would trivialise such a diabolic act and might inspire like-minded.
Mr Chigoro stated that the man failed to play his role as an uncle to the girl who looked for protection and guidance from him.
“The State is shocked by the irony of quoting the holy scriptures referring himself as the family saviour like Moses when in actual fact this court has found him guilty of a heinous act of rape.
“The accused is a university student who instead of directing his energy towards attaining academic excellence, decided to direct that energy towards sexually abusing an innocent minor.
“He inflicted harm on the minor instead of protecting her considering their relationship, this will obviously haunt her for a long time to come and she might find it difficult to trust any male member of her family.
“The State is therefore urging the court to impose a custodial sentence not withstanding the fact that he is still young and appears to be promising in the academic arena,” he said.
In passing sentence, Mr Kachambwa said, “In aggravation, the complainant despite her tender age looked to you for protection. She recorded you on her mobile phone and you did not know you were dealing with an exceptionally intelligent niece. By quoting the bible, you were mocking and abusing the scriptures.”
Sometime in November 2009 the girl went to his uncle’s room asking for a pencil. He told her niece he wanted to show her a movie before playing pornographic material on his laptop.
The State says the man started fondling the girl’s private parts. He later told the girl to go back to her room and ordered her not to tell anyone. The court heard that a few days later, the man sneaked into the girl’s room at around 9pm.
He raped her once before threatening her with death if ever she revealed her ordeal to anyone.
On February 28 last year, the man sneaked into the girl’s room again and told her he wanted to sleep with her and she refused.
Upon noticing that the man was persisting, the girl recorded him with her phone without his knowledge.
The man went out of the girl’s room after failing to accomplish his mission. The following morning, the girl narrated her ordeal to her mother and showed her the phone. A police report was made leading to the man’s arrest.
Online Reporter