The Zomba magistrate court on Tuesday sentenced Jailosi Kanyenda, 34, to 12 years imprisonment with hard labour for defiling his 13-year-old sister.
Kanyenda committed the offence on April 18th, 2016, when he had forced canal knowledge with the victim at her house whilst her parents were away.
Prosecutor, Gerald Chinoko told the court that the accused had been demanding sexual favours from his sister who was turning him down before he defiled her.
The girl told the matter to her mother who reported the case to Jali police station and hospital examination revealed that the girl was indeed defiled.
In mitigation, Kanyenda asked the court for leniency claiming he is HIV positive and that since the day he was arrested he has not been taking his ARVs which is risky to his health and also because he was advised to be eating nutrious food which the prison is not providing him with.
He also said he looks after his aging mother.
Senior Resident Magistrate, Wyson Nkhata said cases of defilement are on the rise and many of the perpetrators are closely related to the victims.
“Like in this case, a brother is supposed to protect his sister and not make her feel insecure.”
He therefore slapped Kanyenda with 12 years because of his health status but said the Penal Code of Malawi, Section 138 charges one with a life sentence for defilement.
Kanyenda hails from Tchaila Village in the area of Traditional Authority Mwambo in the district.