A 36-year-old unemployed man, Moses Banda, of Zanimuone in Lusaka, has been jailed for life for defiling his biological daughter and infecting her with a sexually transmitted infection.
Lusaka High Court Judge Mwila Kombe stated that “such a man deserved nothing but a life sentence” after listening to the mitigation by Banda’s lawyer.
Banda was convicted of incest contrary to Section 151(1) of the Penal Code Cap 87 of the Laws of Zambia. The particulars of the offense alleged that between January 1, 2021, and November 7, 2021, Banda had carnal knowledge of his daughter.
Judge Kombe stated that the offense was a severe violation of moral and legal standards, considered an abomination and warranted a life sentence.
“The evidence is that you had carnal knowledge of your own daughter aged only six. This was a baby. How do you explain such kind of conduct honestly?” Judge Kombe asked.
Banda’s daughter was only six years old when she was defiled by her father. The court heard that Banda’s daughter had been left with physical and emotional scars from the abuse.
The court also heard that Banda had infected his daughter with a sexually transmitted infection and that she had developed vaginal warts.
“How can you do that to your own child? This is an aggravatory factor,” Judge Kombe said.
Banda’s lawyer argued that his client was a first-time offender who deserved the court’s leniency.
However, Judge Kombe found that the aggravating factors outweighed any mitigating factors.
“The factors I have mentioned are aggravating, coupled with the age, prevalence of such cases, and the fact that the child had an STI.”
In her judgment, Judge Kombe described the offense as a severe violation of moral and legal standards, noting that it is considered an abomination.
“The child was only six years old, and the accused’s actions will have a lasting impact on her life,” Judge Kombe said.
