The First Grade Magistrate Court in Kasungu has acquitted Cyrus Mhango who was accused of having sexual intercourse with a female child. Mhango was arrested on 25 August, 2024 for the alleged offence contrary to Section 138(1) of the Penal Code.
Following his arrest, his relatives sought legal aid on his behalf at the Bureau’s Kasungu district office. When granted, Mhango was represented by Principal Legal Aid Advocate Lusekero Kisyombe with assistance from Legal Aid Officer George Luwayo.
In Court, the accused denied the charge and the State paraded four witnesses to prove its case. After the State had closed its case, both the State and the defence filed written submissions.
Counsel Kisyombe, representing the accused person, submitted that the State failed to establish a prima facie case because it did not prove the essential elements of the offence. Counsel Kisyombe highlighted that the State did not prove the victim's age. A witness the State relied upon to prove the victim's age did not have personal knowledge gained at the time of the victim's birth.
The State also failed to prove that the accused person had sexual intercourse with the victim on 19 August, 2024 because the Medical Practitioner who was paraded as a witness in Court confirmed during cross-examination that nothing abnormal was detected on the victim.
The Medical Practitioner further confirmed that according to her assessment, no one had sexual intercourse with the victim on the alleged day of the offence.
In deciding whether the accused had a case to answer, the First Grade Magistrate Court agreed with submissions from the Legal Aid Bureau and set free Cyrus Mhango because the State had failed to provide sufficient evidence to support the case.
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