Varsity student acquitted of rape

THE Lusaka Magistrates' Court has acquitted a University of Lusaka (UNILAS) student who was accused of raping one of late President Michael Chilufya Sata’s daughters.

Chokani Sakala of Lusaka’s John Howard was yesterday set free after the court established that the complainant (his girlfriend) only reported the mater to police because she found out that he was dating someone else.

In this matter, Sakala was accused of rape contrary to Section 132 of the Penal Code Chapter 87 of the Laws of Zambia.

It was alleged that on November 6, 2017 in Lusaka, Sakala had carnal knowledge of a 20-year-old woman without her consent in a car at a park.

Before magistrate Irene Wishimanga,

Sakala denied the charge.

During trial the complainant testified that the two had an argument about Sakala having another girlfriend.

She said after arguing, Sakala started fondling her and when she resisted, he lost his temper.

The complainant said Sakala strangled her neck, stripped her naked and began to have sex with her.

Sakala told her that he will kill her there and then and have sex with her dead body as he did not care.

In his defence, Sakala denied raping the victim saying they had consensual sex and that they were in a relationship.

Sakala said during the act, the victim told him to remove the condom stating that she was allergic to condoms.

As trial continued, Sakala testified that his phone rang and it was his other girlfriend calling which then brought a fight between them.

When the matter came up for judgement, Magistrate Irene Wishimanga said it was an afterthought when she reported the matter to the police a day after the act.

She said the woman only reported the matter because she was upset that Sakala had another girl.

Ms Wishimanga said the behaviour of the victim and complaint was not consistent as they had normal communication as though they were still in a relationship after the alleged offence.