By 
A-40-year-old Master Guide of the Seventh Day Adventist Church’s Cornerstone congregation in Lusaka’s Chawama compound, has been acquitted of defilement but found guilty of indecent assault.
Collins Chikwangala was accused of defiling a 12-year-old girl, a member of the church.
However, Magistrate Kawama Mwafuli found him not guilty of defilement but guilty of indecent assault.
In his defence, Chikwangala claimed that he lived with eight other people in the same house and that it was unlikely that he would have committed the offense without anyone noticing.
However, the court found this defense unconvincing, noting that during a scene visit, no one else was present in the house.
The court found that while the prosecution had not proven the occurrence of unlawful non-consensual sexual intercourse, they had proven that an act of indecent assault had occurred.
Chikwangala was convicted of indecent assault contrary to section 137(1) of the Penal Code and acquitted of defilement contrary to section 138(1) of the Penal Code.
The court’s decision was based on the evidence presented, which showed that Chikwangala had tied the victim’s hands and face, removed her pant, and inserted something painful into her vagina.
Chikwangala was found guilty of the lesser offense of indecent assault and convicted accordingly. The convict was admitted to the High Court for mitigation and sentencing.
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