By Isaac Zulu
The Kapiri Mposhi Magistrate court has put a 31 year old man on his defence after the prosecution established a prima facie case against him for allegedly sexually assaulting his mother’s young sister, who is aged 70 years.
Before Kapiri Mposhi Magistrate Benny Akande was Allan Chola Chishimba (aged 31) of Lubuto area in Kapiri Mposhi district.
Particulars before Court were that on May 2, 2026 around 21:00 hours Chishimba allegedly forcefully had carnal knowledge of his mother’s young sister, who is 70 years of age.
Chishimba was arrested and charged with an offence of incest which is contrary to Section 151 of the Penal Code, Chapter 87 of the Laws of Zambia.
When the matter came before Court Chishimba pleaded not guilty to the charge of incest, and the matter proceeded into trial. Four prosecution witnesses, including a clinical officer and a police officer attached to the Victim Support Unit have so far testified in the matter.
The Court heard that on the material day around 21:00 hours Chishimba squeezed the neck of a 70 year old woman and allegedly forcefully had carnal knowledge of her. The clinical officer told Court that the 70 year old woman sustained bruises on her private part and injuries around the neck, adding that his medical examinations were consistent with the allegations made against Chishimba.
And a female police officer narrated that she interviewed both the victim and Chishimba, before formally charging and arresting the latter for the subject offence.
In cross examination, Chishimba argued that the medical report that was being tendered in Court is not the one that was issued by police officers where the matter was initially reported, adding that the case was initiated at Masansa Police Post, and wondered why the arresting officer attached to the Victim Support Unit at Kapiri Mposhi Main Police Station is now the one handling the case.
Chishimba further asked the arresting officer what evidence she has to support her allegations against him, and the latter said she is relying on the statement she got from the victim and the findings of the medical officer.
At the end of the prosecution case, Public Prosecutor Michael Sakala informed Court the State is closing its case after leading evidence from four witnesses.
Magistrate Akande then said that the prosecution had established a prima facie case against Chishimba and, subsequently, placed him on his defence.
The matter comes up on November 2, 2026 for opening of defence.
