The body size of a defilement victim has saved an accused person from a jail sentence after the Choma Magistrates Court established ruled that the girl looked older than 15.
Byta FM Court Beat Journalist reports that Kilan Siamayanga, aged 25 of Mwapona Compound admitted to sleeping with the 15-year-old girl twice using a condom, but says only because the girl told him she was above 18 years.
Siamayanga also says he could not have suspected the girl was under 16 because of her body size on that 13th day of March 2021 around 2200hrs.
He pleaded innocent earlier during plea before Resident Magistrate Ethel Phiri.
However, the victim testified that the accused person dragged her into his house and had sex with her.
The father of the victim also produced an Under five-card proving the victim is a 15-year-old.
In her judgement, Magistrate Phiri established that the accused person had s_ex with the 15 year old without dispute.
She, however, ruled that the accused person had reason to believe that the victim was older than 16 because her body is well built.
Magistrate Phiri has since acquitted the accused person on account of the victim’s body size.
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