Kabamba Kibukile, 45, was convicted of the crime and jailed for 18 years in 2016. He was falsely accused of raping an eight month-year-old baby.
However, a Mutare Magistrate based his decision on a
medical report that confirmed bruises on the baby’s face and genitals but
failed to hear the doctor’s testimony.
Kibukile then approached the High Court on appeal against
both his conviction and sentence.
Pleading his innocence, Kibukile claimed his only link to
the alleged crime was to be caught with the baby bleeding from her mouth, and
genitals, in his arms.
In his defence, he convinced the court that he had only
saved the child from her fall from the bed.
In overturning the decision, Justices Benjamin Chikowero
and Bongani Ndlovu ordered the immediate release of Kibukile pointing that the
magistrate had erred to convict the refugee.
“It was common cause that the baby was only eight months
old and that she was placed on the bed, naked.
“The appellant did not, therefore, undress her. On
examining the baby, the doctor noted subconjunctival hemorrhage and facial
swelling.
“The external examination also shows bruises on the
external female genitalia and that the labia majora and labia minora were
grossly swollen,” ruled the judges.
The court heard that the victim’s sister, aged 12,
witnessed the abuse and rushed to inform her mother that Kibukile was “beating”
the baby she had left sleeping in her bedroom.
The child’s mother found Kibukile holding the toddler in
his hands and she had soiled herself with visible bruises on her face.
Kibukile refused to hand the wailing baby to her mother and
only did so after neighbours intervened before unleashing instant mob justice.
The magistrate, who convicted Kibukile, relied on the
medical report which confirmed bruises on the baby’s face and genitals. H Metro
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