The man from Nkulumane whose name has been withheld to
protect the juvenile’s identity was alleged to have raped his granddaughter
twice in 2014 and this year.
In acquitting the accused, Bulawayo regional magistrate Ms
Sibonginkosi Mnkandla noted that there were inconsistencies in the testimonies
of the complainant and State-led witnesses.
“After hearing the testimonies by the complainant and State
witnesses, the court noted that there is a lack of evidence linking the accused
to the rape. Accordingly, he is found not guilty and discharged,” ruled the
magistrate.
The accused’s lawyer, Ms Bandile Mpofu from Bukhosi Ncube
Attorneys told the court that the evidence submitted by the State cannot be
relied on.
“Even the medical report submitted by the State
collaborated with the fact that the complainant was sexually active and only
fabricated these allegations because she realised she was going to be in
trouble at home for coming home late,” argued the lawyer. “The complainant had
inconsistencies in her statement when she failed to give a clear account of
what happened on the day in question. She told the court that the accused raped
her while she had shorts on but that is impossible.”
The prosecutor, Ms Nomthandazo Mafu told the court that on
August 9, 2014 at around 8PM, the complainant was preparing blankets for her
grandmother in the accused’s bedroom when her grandfather allegedly stormed the
room.
“The accused walked into his bedroom and pushed the
complainant resulting in her falling on top of the mattress. He stripped her
before raping her,” she said.
Ms Mafu told the court that on another occasion on August
11 this year at around 8PM, the accused again allegedly met the complainant in
the same room and raped her.
The State, concurred with the defence, saying there was a
lack of evidence linking the accused to the rape.
“The medical report indeed proved that the complainant was
sexually active,” said Ms Mafu. Chronicle
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