The magistrate said the minor’s evidence that her uncle
penetrated her for five minutes contradicted the medical report which showed
that there was no visible evidence of penetration.
He said the State outline was also in contradiction to the
victim’s evidence as it alleged that accused used protection while the minor
alleged that he did not use any.
The magistrate ruled
that the essential element of penetration on rape cases was not established by
the State since the personal doctor who examined the minor was not called as a
witness.
He further ruled that placing the accused person on his
defence would be an injustice and totally a waste of the court’s time.
The 44-year-old man was acquitted after filing an
application for discharge through his legal counsel Stanley Mutandadzi of
Dumisani Mtombeni Legal Practitioners.
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