A 25year old pregnant woman of Kabwe will have to deliver while serving in a correctional facility after being convicted to one year behind bars for assaulting a 14year old girl who she suspected of having an affair with her husband.

Kabwe Resident Magistrate Judge, Catherine Mumba, sentenced Precious Kampamba of Natuseko Site and Service who was facing one count of Assault Occasioning Actual Bodily Harm by assaulting the juvenile of the same compound.

Particulars of the offence are that, Precious Kampamba on the 11th September, 2023 at Kabwe, in Kabwe District of Central Province of the Republic of Zambia, did assault the 14year old thereby occasioning her actual bodily harm contrary to section 248 of the Penal Code Chapter 87 of the Laws of Zambia.

The court heard that on the material day, Kampamba approached the adolescent who she was suspecting of having an affair with her husband.

The 14 year-old denied the allegations, after which the now convict sounded an alarm by calling her a prostitute, a situation which triggered a mob to descend on the juvenile who was then beaten till fainted.

When the matter came up for judgment before Resident Magistrate Catherine Mumba, the court found Kampamba guilty as charged and convicted her.

But during mitigation, Kampamba told the court that she was remorseful of her actions and that she was nine months pregnant and feared that her innocent child will be born in a prison if she is sent to prison.

“Your honor, I’m due for delivery any day, am asking for leniency as I wouldn’t want to subject my unborn baby to the harsh conditions of the prison, please consider a suspended sentence for me, am even ready to compensate the victim should that please the court.” She pleaded as she produced her antenatal medical cards.

However, Magistrate Mumba said the case of assaulting a child was serious and attracts a minimum sentence of five years imprisonment and stated that the court has exercised its maximum leniency by sentencing her for one year.

“I have considered your circumstance, and taken into account that you are the first offender. However, the case you committed is a grievous one, beating a girl old enough to be your daughter to the extent that she fainted, I therefore send you to prison for one-year simple imprisonment,” Magistrate Mumba pronounced.

The court advised Kampamba to handover her baby once it was delivered to the department of Social Welfare, which she said would facilitate its safety until the mother serves the sentence.

Leave a Reply

Your email address will not be published. Required fields are marked *