Wanpa v Sipendi [2008] PGDC 5; DC668 (16 January 2008)

DC668

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CIVIL JURISDICTION]

GFCi 551 Of 2007

BETWEEN

BUKA WANPA
Complainant

AND

JOSEPH SIPENDI
Defendant

Mendi: R Appa, PM
2008: 10, 16 January

CIVIL - Claim of K10,000.00 as demand of compensation.

Case Cited:
No cases cited.

Counsel
For the Complainant - In person
For the Defendant - In person

16 January 2008

JUDGEMENT

R. Appa: This is a claim based on defilement of a young school girl. The complainant is the father of the girl and he complained that the girl Helen Buka was staying under the custody of the defendant through family relationship while attending school at Sumbra primary School. The defendant then had sexual relation with the girl and she became pregnant and gave birth. The parties were married to two sisters so the girl was the step daughter of defendant’s wife.

2. There was no dispute that the defendant did have sexual affairs with the girl. Only dispute was on assessment of damage claimed at K10,000.00 in compensation. During assessment, complainant submitted that the action of the defendant had breached trust placed in him and brought shame to the family net work. Also future of the girl was damaged in regard to education and future marriage and bride price was cut short. She is no longer a virgin.

3. In mitigation, defendant submitted that no future damage was done. She could still pick up her education and her future marriage and bride price were intact.

4. I have considered both arguments and assessed that defilement was done to the girl. As the result of that, her education was cut short. He virginity was lost which would affect future marriage and brideprice. Complainant said by custom, future brideprice was reduced by K8,000.00, spoil of education estimated at K1,000.00 and defilement/reputation spoil at K1,000.00. Total claim of K10,000.00.

5. I assessed a global figure of K3,000.00 being near enough to compensate the girl to cover the whole claims.

6. It is ordered that the defendant pays the complainant a sum of K3,000.00 by way of compensation to be paid either in cash or in kind or both payable within one month from 16/01/08. The compensation payment to be witnessed by the Clerk of Court at Mendi or by a councillor or Peace and Good Order Committee member.

For the Complainant – In person
For the Defendant – In person