A 40-year-old Birchenough Bridge polygamous man who has five wives was jailed two and half years for bedding a 13-year-old in a bush.
Musayengana Mlambo of Tuma village under chief Chamutsa in Buhera, pleaded not guilty when he appeared before Chipinge magistrate Mrs Sharon Chipanga on Tuesday facing charges of having sexual intercourse with a young person as defined in section 70 of the criminal law Codification and Reform Act Chapter 9.23.
However, Mlambo was convicted due to overwhelming evidence incriminating against him. In his defence, Mlambo said he did not commit any offence since he intended to marry the complainant as his sixth wife.
“Your worship, I don’t know why I was apprehended by the police because I was now at my final stages of preparing to marry the girl. I did not force the girl to love me but we consented to have intimacy and it was not a secret in our village that she was my sixth wife,” said Mlambo.
It was the State case led by Mr Regis Mawarire that on the date unknown but during the month of June this year, Mlambo went and stood at an electrical pole situated at the complainant’s homestead.
“While the complainant (name withheld) was washing some plates Mlambo beckoned her and she went where the accused was. Mlambo then proposed love to her but she refused.
“On another day but during the same month at around 8pm, Mlambo came again and stood at the same electrical pole, he beckoned her and asked to follow him and she admitted,” said Mr Mawarire.
Mr Mawarire said the duo walked together heading to a thick bush. “While arriving in the bush, Mlambo asked to have sex with complainant. At the first time the complainant refused to have sex with Mlambo who then sweet talked her and promised to give her $1 after having sexual intercourse. The complainant agreed and the two were intimate,’’ said Mr Mawarire.
After the act the accused instructed the complainant to go home and Mlambo did not give her the $1 he had promised but threatened to her to face mysterious things once she divulges what had happened.
The matter came to light after a passer-by who was coming from Birchenough Bridge growth point found the complainant having sexual intercourse and then revealed the matter to the complainant’s mother.
“The complainant’s mother interviewed her daughter who disclosed all that the accused person had done.
“The complainant mother took her to Birchenough Bridge police post to report the matter. She was then taken to Birchenough Bridge hospital and a doctor compiled the medical report and concluded that penetration was definite. This led to the arrest of the accused,” said Mr Mawarire
In sentencing Mlambo,Magistrate Chipanga said it was the role of the courts to protect minors from falling prey to sexual abuse.
“These kind of offenders have no room in our society and a custodial sentence is the only option. The accused committed a serious offence and what is aggravating is that he fell in love with a minor who is three times younger than him. What the accused did to the minor will permanently affect her behaviour in life,” said magistrate Chipanga.
Mlambo will serve 30 months in jail after six months were suspended. Manica post