By NORMA SIAME –

A VILLAGER from Isoka has been sentenced to 18 years in prison for defiling his 13-year-old sister-in-law.

Kasama High Court Judge Petronella Ngulube, in sentencing Davie Sichalwe, said although he was youthful and a first offender who was entitled to maximum leniency, there were aggravating factors in the matter because the convict was the victim’s brother in-law.

“He should have been protective of the victim instead of seeing her as an object for his selfish desires,” Ms Justice Ngulube said.

According to particulars of the case, Sichalwe on September 30, 2010 had been relaxing at home with his wife Givenie Nankamba, 26, and her younger sister on a reed mat.

Sichalwe then sent his wife to collect firewood from her parent’s home so that she could make fire for him to light a cigarette.

As soon as his wife was out of sight, Sichalwe pounced on his sister-in-law and defiled her.

Ms Nankamba testified that she had been gone for about five minutes and when she returned she found her sister putting on clothes.

She said she became suspicious of the two and questioned her younger sister about what had happened in her absence.

The victim said Sichalwe had asked her for sexual intercourse.

She was taken to hospital for a check and later Sichalwe was arrested.

Defence lawyer Japhet Zulu had argued that Ms Nankamba was an incompetent witness as she was Sichalwe’s wife and asked the court to expunge the evidence from the record.

Ms Justice Ngulube, however, said Ms Nankamba was a competent witness for the prosecution as Sichalwe was charged under Section 138 (i) of the Penal Code.

She sentenced Sichalwe to 18 years imprisonment with hard labour with effect from October 12, 2010 when he was arrested.