The Kasungu Senior Resident Magistrate’s Court on Monday June 27, 2022 convicted and sentenced a 32-year-old herbalist, Emmanuel Francisco, to 19 years imprisonment with hard labour for raping a 24-year-old woman contrary to Section 132 of the Penal Code.
The court through state prosecutor Sergeant Tiwonge Mtapula heard that, on January 28, 2022 the victim and her husband went to the accused person who is a herbalist due to the fact that the victim was not conceiving. Upon narrating their issue to the traditional healer, the husband was sent back and the wife was called to the bedroom where she was told to undreess and raped her. Later the woman was called to the sitting room to get other medication.
The woman narrated the issue to her husband when she reported back home. The two went together to the accused person who admitted the ordeal and promised to pay them and not report the matter.
The couple turned the offer and reported the matter to police where a medical report was issued and the results come out that she was indeed raped.
Appearing before court, the accused person pleaded not guilty to the charge of rape. This prompted the state to parade four witnesses to prove the case.
In mitigation, the accused person asked the court for leniency, saying he is keeping two disabled children for her late sister and that he stayed on remand for a long period.
However, the state pleaded with the court to give a stiff punishment as these cases are on the rise and the punishment will deter other would-be offenders.
Passing judgement, Senior Resident Magistrate Biar Kamanga concurred with the state’s submission and sentenced Francisco to 19 years imprisonment with hard labour to serve as a lesson to other would-be offenders.
Francisco hails from Mzukwa Village in the area of Traditional Authority Chadza in Lilongwe District.