Malawi: The Thyolo District Magistrate’s Court has convicted a 70-year-old man for raping a mentally unstable minor. The suspect has been identified as Stain Kakhuwala and was a neighbour of the victim and her family.
The suspect and the victim were both residents of the Thonyiwa Village, Traditional Authority Nsabwe in Thyolo. The incident happened on March 29, 2023 for which the convict has been sentenced to 10 years of imprisonment.
The Thyolo Senior Resident Magistrate’s Court convicted and sentenced the convict on Tuesday to 10 years’ imprisonment with hard labour (IHL).
The court and police officials claimed that the victim of the ordeal was a 13-year-old girl with mental health challenges. The incident happened almost one year ago and the suspect has been defending himself in front of the court
The police prosecutor Sub Inspector Editor Kansasi informed the court of some details about the incident. He said the victim’s mother went to purchase sugar, leaving behind the victim with her elder sister.
“The convict who is their neighbour picked her up at his house on the pretence that he wanted to care for her since she could not talk nor walk as a result of the mental health which developed at the age of two.
“When the mother returned home to feed the victim porridge, she discovered her absence which prompted her to ask the whereabouts of her daughter,” said Kansasi, adding that it was the victim’s sister that went to the convict’s house where she found the old man in the act.
“She later reported the ordeal to her mother who thereafter reported the matter to police, hence leading to the arrest of the old man,” the prosecutor told the court.
When the convict was presented in front of the court, he pleaded not guilty to the charge levelled against him At the time, the state presented four witnesses who proved the case against him.
In mitigation, the convict pleaded for leniency, saying that he was too old to go for a custodial sentence.
Sub Inspector Kansasi, however, asked the court to give Kakhuwala a stiffer punishment, saying that what he did was bad and that as a neighbour he was supposed to show her love regarding her condition.
Passing sentence, Senior Resident Magistrate Asunta Maxwel concurred with the state on the gravity of the offence and sentenced Kakhuwala to 10 years IHL.
Kakhuwala comes from Thonyiwa Village, Traditional Authority Nsabwe in Thyolo.