1st September, 2015
Malawi’s First Grade Magistrate Court in Balaka district on monday sentenced a 23 year old man to 7 years imprisonment with hard labour for raping his biological mother.
The convict Macdonald Kusala was arrested after he was caught red-handed raping his 42 year old mother in her matrimonial house.
Submitting his facts after the suspect pleaded guilty to the charge of rape which is contrary to section 133 of the Penal code, Police Prosecutor Inspector Isaac Mponela told the court that Kusala, on or about the 21st August, 2015 at Khoswe village in Balaka district had carnal knowledge of his biological mother without her consent.
Mponela said:- “The suspect undressed and raped his mother in her matrimonial house where he found her sleeping while drunk and was caught red-handed by his younger brother who reported the matter to the elders of the family leading to his arrest.”
After the submission of the facts and following his own plea of guilty the court found him guilty of raping his mother.
The court convicted him.
In his submission before sentence Inspector Mponela asked the court to consider giving the suspect a stiffer sentence considering the nature and seriousness of the offence which attracts the maximum sentence of death or life imprisonment.
But in his mitigation, Kusala asked for forgiveness saying that he is a first offender and that he raped his mother under the influence of alcohol.
Passing judgment, First Grade Magistrate Felix Mandala agreed with the Police that the suspect deserved a stiffer sentence because of the seriousness of the offence.
“This is a taboo and drunkenness cannot be an excuse and I wonder as to how he managed to go to his mother’s house, undress her and raped her if he was incapacitated,” said Mandala.
Magistrate Mandala then sentenced him to 84 months imprisonment with hard labour, saying this should be a lesson to him and would be offenders.
Macdonald Kusala a second born in a family of six, comes from Khoswe village, Senior Chief Nsamala in Balaka district.
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