The Senior Resident Magistrate Court in Lilongwe has acquitted George Dimba who was accused of defilement, an offense contrary to Section 138 (1) of the Penal Code.
Dimba was arrested on 4th June 2022 at Kauma Area in the city of Lilongwe for suspecting him to have had carnal knowledge with a girl under the age of 16.
It was reported that the underage girl told her uncle that Dimba defiled her. She further accused Dimba to have done a similar act to her the previous year.
The next day, the girl was taken to the hospital for a medical examination, and on the sidelines, Dimba was committed to Court for trial.
Legal aid was sought by Dimba’s brother on his behalf and when he qualified upon assessment, he was represented by Senior Legal Aid Advocate Kisa Namagonya.
The State paraded five witnesses in the matter including the child’s mother, who proved that the girl was aged 12 at the time of the said incident.
The only investigation the State made in the case was to produce a medical report and legally aided George Dimba remained in detention throughout the matter as he was denied bail on two occasions.
Counsel Namangonya’s submissions on case to answer on behalf of Dimba were on whether or not the State managed to raise a prima facie case that requires the defendant to enter his defence.
“The first question that is to be ascertained is whether or not there was penetration. For the charge of defilement to stand the State must prove that there was penetration of the male sexual organs into the female sexual organs,” read part of the submissions.
Further, it was submitted that a medical report tendered in the Court was from an examination that took place the day preceding the night of the defilement which showed that the victim had a hymen intact, there were no bruises on her vagina and there were no lacerations. The medical personnel who presented the evidence in Court also acknowledged that the girl was a virgin.
The defence also argued through submissions that “for the offence of defilement to be proven, the State must also establish that the accused knew that the victim was at the time under the age of 16... and even the slightest amount of penetration suffices in defilement cases.” For that reason, the State did not provide sufficient proof.
Making his ruling on whether or not Dimba has a case to answer, Senior Resident Magistrate His Worship Shukran Kumbani agreed with submissions from Legal Aid Bureau that even when there was an allegation of defilement, evidence from the State was falling short to prove the allegation.
After staying for a year in Maula Prison following his arrest, George Dimba has been set free by the Court as he had no case to answer.
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