In a quest to end the increase of defilement cases in Malawi, Kasungu First Grade Magistrate Court sitting at Kasungu on October 12, 2016, convicted and sentenced Filipo Kanyinji, 40, to 10 years imprisonment with hard labour for defiling a 5 year old girl.
The convict hails from Vunga village in the area of Sub Traditional Authority Mnyanja in Kasungu district
The court heard that, on October 7, 2016, Kanyinji defiled the victim after locking her in his house. Some children who saw Kanyinji dragging the victim into his house rushed and reported the matter to her mother. The mother of the victim rushed to the convict’s house where she found her daughter alone in a seperate room.
“Upon confronting the victim, she revealed to her mother that Kanyinji had defiled her. The mother of the victim reported the matter to Kasungu Police Station. The victim was referred to Kasungu District Hospital for medical examination which showed that the victim had really been defiled. Kanyinji was arrested and charged with Defilement which is contrary to Section 138 of the Penal Code”, said Kasungu Police deputy Publist Harry Namwaza.
When he appeared before court, Kanyinji pleaded guilty as charged. In mitigation, Kanyinji appealed for leniency as this was the first time to commit the offence.
However, The State through Prosecutor Sergeant Francis Malenga objected Kanyinji’s appeal by arguing that Kanyinji’s behaviour on the victim really showed how dangerous and heinous Kanyinji is. Malenga wondered how a normal human being could go to the extent of locking a small girl of the victim’s age in order to defile her. As such, Malenga requested the court to slap Kanyinji with a stiff sentence.
Before announcing sentence, Kasungu First Grade Magistrate, His Worship Damiano Banda concurred with Malenga and said that, the way Kanyinji behaved really showed how menace he is to the society. Banda further said Kanyinji’s behaviour couldn’t attract lenient sentence by looking at the circumstance he had committed the offence. Banda then slapped Kanyinji with a 10 year jail term.