The magistrates court in Kira has sentenced to three years imprisonment a girl who was earlier this month captured on video beating and torturing a friend whom she accused of falling in love with her boyfriend.
On Tuesday, the Kira Chief Magistrate Roseline Nsenga said the actions of the 18 year old Kaftah Queen, a student at Trinity College Nabweru of violently assaulting her friend were barbaric and have no place in society.
“This is a deterrence sentence to you and other young girls out there. I want you to be an example that violence has no place in our country. I am sentencing you to three years imprisonment,” the grade one magistrate said.
The magistrate said whereas she had taken into consideration prayers by Kaftah for a lenient sentence to enable her return to school but also because she had been remorseful, there is need to send a strong warning to other would be offenders that violence doesn’t pay.
“Having taken everything into consideration, the fact that you are young and want you to go back to school but again, court owes a duty to public and I have to send message that we don’t condone violence.”
Earlier, when the victim, Pretty Nicole, 14 was asked whether she could forgive her tormentor, Kaftah, she broke down before telling court she could not forgive her for the anguish she occasioned to her.
She also told court that Kaftah had on several occasions beaten her while they were in a bar.
Pronouncing herself on the sentence, Chief Magistrate Roseline Nsenga said whereas she would be persuaded to forgive or give a lenient sentence to Kaftah, the statement by the victim showed that she ought to act in a bid to tame the violence occasioned to her.
“When you asked the victim for forgiveness, she was crying allover. She looked at you and said it was not the first time that you have been fighting for men. She said on several occasions you were calling and later pouring on her alcohol as well as insulting her. When you asked for forgiveness, she said that was out and that she couldn’t forgive you. She asked court to sentence you to five years imprisonment. It is the duty of this court to pass on a punishment because we cant encourage such young girls to fight for men. You are young girls with a bright future and court cant’ condone that kind of violence in our society,” the magistrate said.
She said Kaftah was free to appeal against the sentence in 14 days.
The grade one magistrate also directed that the victim Nicole be taken to a home for rehabilitation until she gets well so as to return to school for the new term.
Charges
Kaftah had been charged with aggravated torture contrary to section 2(1) (b) and 5(a) (h), (j) and (k) of the Prevention and Prohibition of Torture Act 2012.
Section 2(1) (b) of the of the Prevention and Prohibition of Torture Act 2012 defines torture in this case as any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity for such purposes as punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit.
The charge sheet indicated that Kaftah was punishing Nicole after accusing her of being in love with her boyfriend.
Section 5(a) (h), (j) and (k) of the same law says that where it is proved that at the time of, or immediately before, or immediately after the commission of torture the offender uses or threatens to use or used a deadly weapon, the victim was under the age of 18 years, the act of torture is recurring and the offender commits any act which court considers aggravating, the offender and any other person jointly connected with the commission of an act of torture is liable, on conviction to life imprisonment.
