A 40-year-old man accused of having sex with a 15-year-old girl has walked free after a court ruled that prosecutors failed to prove their case.
The First Grade Magistrate’s Court in Mulanje on Friday acquitted Andrew Mkandawire, who had been facing charges of having sexual intercourse with a female child under the age of 18.
The teenager had alleged that she engaged in sexual relations with Mkandawire on three occasions in a bush area around Lujeri Tea Estate in Mulanje in April this year.
However, delivering his judgement, First Grade Magistrate George Chimombo said the prosecution’s case was riddled with inconsistencies and contradictions, making it impossible for the court to secure a conviction.
A key piece of evidence, a medical report presented by the State, was also thrown into doubt after the court found that it had neither been signed nor stamped, raising questions about its authenticity.
In his ruling, Chimombo said: “The court therefore acquit the accused of having sexual intercourse with a female child who is under the age of eighteen years which is in contravention with Section 138(1) of the Penal Code (Cap 7:01) of the Laws of Malawi. He must be set free immediately. His bail honouring must cease.”
Following the verdict, Mkandawire’s lawyer, Patrick Henry Debwe of NVD Chambers, welcomed the court’s decision, expressing satisfaction with the outcome.
The acquittal brings to an end a case that centred on allegations of repeated sexual encounters between the accused and the teenage girl, with the court ultimately finding that the evidence presented fell short of the required legal standard.
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