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Judicial CP - March 1998

Corpun file 4061

The Times of Zambia, Ndola, 26 March 1998

Two rapists jailed 5 years

Court further orders the men to receive five strokes of the cane

By Mina Gama

TWO men convicted of raping a 34 year old woman were sentenced to five years jail term with five strokes each in Kitwe magistrates court while a woman charged with abortion was given a 12 months suspended by the same court.

Before Magistrate Phebious Numbwa was Wilson Musonda, 28 of 122 Garneton and Frank Kapeya, 30, of 674 Race Course both unemployed who denied the charge.

On September 29 last year, Musonda and Kapeya while acting together raped a 34 year old Kitwe resident at the former UBZ depot in Kitwe.

The victim had been requested by Mr David Mwembe whose wife had fallen sick during the night to escort them to Chimwemwe Clinic where they safely arrived and left the patient for observations.

But on their way back home they saw two men who came running after them.

The men caught up with them and grabbed the woman and Mwembe dragging them in different directions.

Mwembe was searched and beaten when he was found with nothing and his assailant who was demanding to have sex with the woman and that he would kill her afterwards.

Musonda and kapeya later tore her clothes, knickers and took turns in raping her before they ran away.

Mwembe who had run away reported the matter to the neighbourhood watch who began hunting for the duo around the scene. At about 04.00 hours they managed to pick up the duo from the way they had been described and took them to Mindolo police station where they were arrested and detained after failing to give a satisfactory answer.

The victim had run away naked to one house in Chimwemwe township where she sought help. She was taken to the crime site in the morning by the good Samaritan to get her clothes and pants before going to police and central hospital where the doctor certified that she had been raped.

In passing judgment Mr Numbwa said he had no doubts according to the findings and evidence given in the case that a crime had been committed by the two.

He explained that such an offence was unforgivable and the culprits deserved harsh punishment because they were not fit to dwell among the public.

He said the victim would be haunted for the rest of her lifetime because it was not only embarrassing but degrading for her to be forced into sexual intercourse she did not consent to.


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