News / Local
Body odour 'rapist' acquitted
13 May 2014 at 21:43hrs | Views
A SUSPECTED rapist whose victim identified him by his distinct body odour had every reason to smile after he was acquitted by a Bulawayo magistrate yesterday.
Regional magistrate Chrispen Mberewere dismissed charges against Paul Mafuwe, 27, who was facing three counts of rape, robbery and unlawful entry, citing lack of evidence linking the accused to the crime.
Mafuwe, who resides at house number 30668 Entumbane, was arrested last week after the complainant identified him by a woollen hat and body odour after they boarded the same commuter omnibus.
In throwing out the charges against the accused, Mberewere said the evidence brought before the court by the complainant and her aunt was not convincing enough for the state to convict Mafuwe.
"The complainant did not actually see the face of the accused except to say that he wore a woollen hat and was dark in complexion and cannot mention any particular feature of the accused.
"This is not a normal identification and the court cannot rely on it therefore, the accused is accordingly entitled to acquittal. He is found not guilty of all charges against him," said Mberewere.
The magistrate said the complainant's aunt acted in a cowardly manner by locking herself in a room when a juvenile was being raped in the next room.
"The second state witness was a coward and I cannot believe that together with another 36-year-old woman they failed to challenge the accused who threw a soft cushion and another unknown object.
"She cannot say for certain that she saw the accused person whom she saw briefly in the room in the dark," said Mberewere.
In his defence, Mafuwe said he had exchanged his cap for the woollen hat with a friend earlier during the day before he was arrested for rape.
Prosecuting, Trust Muduma had told the court that around 3AM the accused allegedly broke into the complainant's place and raped her once.
He added that Mafuwe allegedly force marched the victim to the lounge and ordered her to sit on the sofa while pointing a knife at her, before raping her.
Mafuwe was alleged to have demanded $100 and when he failed to get it, he allegedly picked up a handbag which contained new panties before disappearing into the darkness.
It was alleged that Mafuwe threatened to kill the complainant and ordered her to get the money from her aunt.
The matter was reported to Entumbane Police Station and a medical examination was conducted and it proved that the girl had been raped.
The court heard that later that day, the complainant boarded a commuter omnibus together with the accused who sat close to her.
The juvenile identified her attacker by the woollen hat he was wearing and his body odour.
She then notified her aunt who reported the matter to the police leading to Mafuwe's arrest.
Regional magistrate Chrispen Mberewere dismissed charges against Paul Mafuwe, 27, who was facing three counts of rape, robbery and unlawful entry, citing lack of evidence linking the accused to the crime.
Mafuwe, who resides at house number 30668 Entumbane, was arrested last week after the complainant identified him by a woollen hat and body odour after they boarded the same commuter omnibus.
In throwing out the charges against the accused, Mberewere said the evidence brought before the court by the complainant and her aunt was not convincing enough for the state to convict Mafuwe.
"The complainant did not actually see the face of the accused except to say that he wore a woollen hat and was dark in complexion and cannot mention any particular feature of the accused.
"This is not a normal identification and the court cannot rely on it therefore, the accused is accordingly entitled to acquittal. He is found not guilty of all charges against him," said Mberewere.
The magistrate said the complainant's aunt acted in a cowardly manner by locking herself in a room when a juvenile was being raped in the next room.
"The second state witness was a coward and I cannot believe that together with another 36-year-old woman they failed to challenge the accused who threw a soft cushion and another unknown object.
"She cannot say for certain that she saw the accused person whom she saw briefly in the room in the dark," said Mberewere.
Prosecuting, Trust Muduma had told the court that around 3AM the accused allegedly broke into the complainant's place and raped her once.
He added that Mafuwe allegedly force marched the victim to the lounge and ordered her to sit on the sofa while pointing a knife at her, before raping her.
Mafuwe was alleged to have demanded $100 and when he failed to get it, he allegedly picked up a handbag which contained new panties before disappearing into the darkness.
It was alleged that Mafuwe threatened to kill the complainant and ordered her to get the money from her aunt.
The matter was reported to Entumbane Police Station and a medical examination was conducted and it proved that the girl had been raped.
The court heard that later that day, the complainant boarded a commuter omnibus together with the accused who sat close to her.
The juvenile identified her attacker by the woollen hat he was wearing and his body odour.
She then notified her aunt who reported the matter to the police leading to Mafuwe's arrest.
Source - chronicle
