By Isaac Zulu in Kapiri Mposhi
A 57-year-old Kapiri Mposhi businessman has been sentenced to seven years imprisonment with hard labour for indecent practices against a 16-year-old boy who had sought medicine from him to enlarge his manhood.
Before Kapiri Mposhi Magistrate Arnold Kasongamulilo was Evans Lukwesa, a tailor and resident of North Park residential area in Kapiri Mposhi district, who was in court for the offence of indecent practices between persons of the same sex contrary to section 158 (1) of the Penal Code, Chapter 87 as read with Act Number 15 of 2005 of the Laws of Zambia.
Particulars of the offence were that on March 17, 2022 Lukwesa did procure acts of gross indecency with a male person, the named 16-year old juvenile.
In this matter Lukwesa pleaded not guilty to the offence on April 8, prompting magistrate Kasongamulilo to set trial proceedings with the state calling five witnesses.
During trial prosecution witness number one, who is the complainant in the matter testified that he had gone to the now convict’s shop to have his trousers mended however it took too long and wanted to leave but the accused person told him not to as he had something to tell him after which he invited him inside the shop and asked him to undress.
The complainant narrated to the court how he undressed and the now convict started touching his manhood and told him to turn and started having canal knowledge of him from behind.
“He told me to turn and started having sex with me through the anus. I felt some pain and I could not shout because I had no strength. When he finished he told me not to tell anyone and that he would buy me a phone,” the juvenile told the court.
However the complainant disclosed the ordeal at home after the pain from the anus persisted after two days.
And another witness, PW3 Foster Mukuka told the court that the complainant told her about the incident and went to see the accused, Lukwesa.
The witness went on to explain that Lukwesa told her that the complainant approached him for medicine for manhood enlargement.
The accused further told prosecution witness number three that the complainant undressed and the accused touched his manhood and that he wondered why the accused needed manhood enlargement because his manhood is already big.
And prosecution witness number four, constable Rebecca Lungu, an arresting officer in this matter, testified that the indecency complained of occured on the 17th March but was only reported to police on March 24, 2022.
She added that the accused denied the allegations of indecency pointing out that she couldn’t charge the accused for the offence of sodomy because the medical report did not make any findings to that effect.
Lukwesa was put on defence following closure of trial.
And in his defence Lukwesa narrated how the complainant took a pair of trousers to him for mending and after doing so the complainant approached and told him that he feels shy because his manhood is very small and does not erect and that his friends laugh at him.
Lukwesa told the court that he however advised the complainant to bring his problem to the attention of his brother saying the matter was too big for him to handle.
The now convict went on to explain that the complainant then left looking angry adding that on March 17, 2022 the complainant passed through his shop and asked the complainant if he had refused to help him upon which the accused told him he had no solution for him after which the complainant again warned him to revenge and later left looking annoyed.
He testified that the following day he was approached by two men explaining to him that the complainant had told them that as soon as he wore the trousers mended by the complainant his manhood shrank and stopped erecting.
The duo demanded that the accused looks for medicine for the complainant but he refused as he had never experienced such a thing but later advised them to go to a witch doctor.
Passing judgement in the matter, Magistrate Kasongamulilo noted that it is a fact that the complainant and the accused met when the complainant took his trousers to the accused to be mended.
Magistrate Kasongamulilo also stated that it was a fact that the issue of manhood enlargement for the complainant was discussed by the two of them although the accused denied touching the complainant’s manhood as he claimed to have no solution to his problem.
“After looking at the evidence in this case, I find that the accused and complainant did discuss the issue of manhood enlargement and on the day of the alleged offence. The accused did meet the complainant at his shop and during that meeting the accused did touch the complainant inappropriately on his body which included his manhood,” Magistrate Kasongamulilo noted.
However, Magistrate Kasongamulilo dropped the claim of sodomy by the complainant on account that there was no evidence as findings from medical examination was not consistent to corroborative evidence to prove unnatural offences.
In mitigation Lukwesa said he regretted what he did and pleaded with the court to exercise lenience on him saying he has eight children who will suffer if sent to prison.
However, Magistrate Kasongamulilo sentenced Lukwesa to seven years imprisonment with hard labour effect from the date of arrest.
