THE Lusaka Magistrates Court has convicted a headmaster of Kondwani private school in Lusaka’s Mtendere compound of defiling a seven-year-old pupil of the same school.
This is in a matter in which Saul Banda, 47, of unknown residence but within Lusaka, was charged with one count of defilement.
Banda was convicted by Magistrate Ireen Wishimanga after the prosecution proved its case beyond doubt.
In convicting him, Ms Wishimanaga said after analysing the prosecution evidence, she had no doubt that Banda had unlawful carnal knowledge with the girl under the age of 16 without her consent.
She said it was not in dispute that Banda took advantage of the girl and defiled her.
Ms Wishimanga said she would fail in her duty if she had acquitted Banda because she found the accused guilty as charged and convicted him for the offence of having unlawful carnal knowledge with a girl under the age of 16 without her consent.
However, Banda could not be sentenced because the subordinate court had no powers to sentence a convict facing a charge of defilement but that he was expected to appear in the High Court for sentencing.
In his defence, Banda denied committing the offence and told the court that he did not at any time touch the girl.
But the girl narrated that Banda, who was her head teacher, defiled her on a table in a classroom, saying she could not scream because Banda covered her mouth.
She said he found her playing with her friends and asked her to follow him.
“When I followed him, he took me to one empty classroom where he gave me apples and oranges to eat before locking the door. He asked me to undress before he removed his trousers and had sex with me on top of the table,” she said.
‘‘It was painful. When I wanted to scream, he closed my mouth,” the girl said.
The incident took place at Kondwani nursery school in Mtendere.