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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