Wednesday 10 July 2024


A man charged with raping his 10-year-old niece has been acquitted by a Harare magistrate.

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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