THE Ndola High Court sitting in Kasama has sentenced a 57- year -old man of Kasama to 25-years-imprisonment with hard labour for defiling his neighbours’ seven- year- old daughter.
Kelvin Simutunda has been convicted on one count of defilement of an underage child, and the court described the act as shameful and puzzling.
”The child is not only two years out of under-five- card, but was like a day old chick which could not be feasted on until fully grown,” the court wondered.
The court has wondered where some men got the continued inhuman behaviour and sexually gratified themselves with children who are meant to be cared for, rather than being defiled.
Sitting in Kasama, Ndola High Court Judge in -Charge, Ms. Justice Emelia Sunkutu said she has never witnessed one cooking a day old chick and consume it.
Court records reveal that the conviction was according to Simutunda’s own plea of guilty where he informed the court his manhood wasn’t functional when the matter came up for sentencing.
ZANIS reports that the court records further revealed Simutunda claimed that because of the non-functioning of his manhood, he would not have defiled a child.
And the court issued an order for a medical examination to be done at Kasama General Hospital, a matter that was later referred to the University Teaching Hospital in Lusaka as there was no urologists at the former.
A medical report revealed that Simutunda after examination was found to be suffering from hydrocele of the left testicle and nothing was on record concerning his condition before the court.
“I shall proceed going by evidence on record since court is not bound by medical opinion unless it is absolutely necessary for it to do so,” Ms. Justice Sunkutu said.
She said that it showed that the convict pleaded guilty before the trial court and there was no suggestion whatsoever that he was forced into tendering plea.
Ms Justice Sunkutu said the court also did not show that the convict brought up the issue of the ailment before the trial court, therefore the fact that he raised the issue of a non-functional manhood at the high court was inconsequential.
She also deemed the plea by the convict in the trial court to be unequivocal and the resultant conviction was therefore proper.
She said that she allowed the examination of convict in interest of justice.
“Since we have not received word from the hospital to the functionality of his manhood, I find it is not prejudicial to him for me to proceed with the sentence especially if indeed this was a problem that was of great concern to the convict, he would have brought it up in the court below,” She said.
And in mitigation, Simutunda through his lawyer said that he was a first offender who readily pleaded guilty to the charge
Ms Justice Sunkutu said she had heard the mitigation and considered that he had pleaded guilty.
She said, however, she did not need to remind Simutunda of the seriousness of the offence committed as defilement took a heavier weight because it offended morals of society.
Ms. Justice Sunkutu added that sexual relations were there to be practiced between people of age.
“It is therefore puzzling why grown men find sexual gratification in children. There are certain things in life that are just not acceptable,” stressed the Justice.
She said that even nature said no to such practices as it was uncalled for.
Ms Justice Sunkutu said she was basing her judgement on the fact even when people had sex, they had it at the right age and so men like Simutunda were a disgrace not only to men, but to society as a whole.
“Do not take children’s innocence away before time. A girl of seven years old is just two years out of using an under five card,” She lamented.
Ms. Justice Sunkutu said that the fact that the child was seven was aggravating and thus Simutunda should walk with his head hung for the rest of his life and then sentenced him to 25-years-imprisonment with hard labour.
– ZANIS
