Friday, 26 July 2024

DRUNK WOMAN GANG RAPED : TWO ACQUITTED

Two men who allegedly gang raped a drunk woman along with two others have been acquitted by a Bulawayo magistrate.

Lucky Ncube (21) and David Ndlovu appeared before Bulawayo regional magistrate Dambudzo Malunga facing rape charges. They were however, acquitted, while another accused, Musawakhe Mthunzi (21) who was released on bail later died while out of custody.

B Metro reports that the fourth suspect, Ignatius Tshuma is still at large. It was alleged that sometime in July 2021, Ndlovu, Ncube, Musawakhe, and Tshuma were consuming home-brewed beer at Japhet Mthunzi’s residence in Magadla Village, Matobo.

The night continued with beer drinking until around 9pm, when the alleged victim arrived and joined the group. She allegedly drank with the men until she passed out. On the night in question, Ndlovu reportedly left the group and returned to his homestead. The State led evidence alleged that the remaining people slept over at Japhet’s homestead after being provided with blankets.

It was alleged that Ndlovu, however, returned to Japhet’s homestead on the very same night. Upon waking up the next morning, people were shocked to find the woman naked, with “semen” around her private parts. She was also sleeping next to Ndlovu, who had supposedly “left the night” before.

The woman upon waking up reportedly panicked, questioning how she had become naked and asked who had removed her panties and trousers. Ndlovu, who had also woken up naked beside her, allegedly pointed the finger of blame at Tshuma and Musawakhe, allegedly revealing that the duo had taken turns in raping her while she was unconscious during the night. The “truth” only emerged after the elders from the community confronted the suspects over the allegations of the overnight rape. In an attempt to resolve the situation, the accused men offered the woman a cash compensation of US$40 as a way to make amends for their alleged actions. However, the woman refused the offer, insisting instead that she be compensated with a goat.

Tshuma, who was reluctant to offer the goat as compensation, fled the scene and is still at large. The matter was subsequently reported to the police, who arrested Ncube, Ndlovu and Musawakhe in connection with the rape allegations. Musawakhe was subsequently released on bail after appearing in court. He died while out of custody, leaving Ncube and Ndlovu as the suspects in the case.

During their appearance in court recently, the state, however, concluded that the two accused persons were not guilty of the rape charge. During trial, the court took into consideration the untimely death of one of the accused, who had been released on bail. The court also took into consideration the fact that another accused was on the run, making it challenging to locate and bring him to justice. Evidence brought before the court was viewed as not enough to secure a conviction. In addition, both Ndlovu and Ncube vehemently denied the allegations levelled against them, maintaining their innocence throughout. The victim’s request for a goat as compensation for the alleged rape also raised questions about her motives and potential involvement in the alleged crime.

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