Indian defilement accused discharged

A BUSINESSMAN of Indian origin, who was charged for defilement and indecent assault on females, has been discharged on a nolle prosequi without even undergoing trial. Vipan Gavtam, 46, of Wood- lands residential area, was charged with one count of defilement and three counts of indecent assault on females. It was alleged that Gavtam, between March 31 and April 6, 2018, indecently assaulted the girls who allegedly went to his house to pick empty whisky bottles for resale.

One of the girls said to have been abused by Gavtam is aged 11 and in grade three in Bauleni compound.

About two weeks ago, public prosecutor Harris Mwata told Magistrate Faides Hamaundu that trial could not commence because the State was still looking for the witnesses who have shifted from Bauleni to Kanyama compounds.

When the case came up again yesterday, State Advocate Crispin Ng’oma told the court that the State was entering a nolle prosequi after which Gavtam was discharged following discontinuation of proceedings against him.

“Now therefore, I C Ng’oma, State Advocate, on behalf of the Director of Public Prosecutions for the Republic of Zambia, pursuant to the powers vested in me by section 81 and 82 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, do hereby authorise the entry in the record of proceedings that proceedings in all the four counts are discontinued against the accused person,” the nolle read in part.

In count one particulars of the offence were that between March 31 and April 6, 2018, Gavtam defiled a girl under the age of 16 years while in count two particulars of offence were that between the same dates, Gavtam unlawfully and indecently assaulted a child.

In count, three the particulars were that Gavtam unlawfully and indecently assaulted another child and in count four he was accused of unlawfully and indecently assaulted a fourth child between the same dates.