News / National
Man loses beast for 'raping' teenager
21 Jun 2017 at 07:17hrs | Views
A 32-YEAR-OLD man from Pumula suburb in Bulawayo has told judges that the family of a 15-year-old girl whom he had sex with charged him a beast as damages for bedding the minor.
The man said after he paid part of the money for the beast, the girl's mother was influenced by third parties to make a rape report to the police.
Sambulo Ndlovu, who was sentenced to 32 months in prison by a Bulawayo magistrate for bedding his 15-year-old girlfriend, revealed this in an appeal to the High Court.
Ndlovu told Justice Maxwell Takuva and Justice Nokuthula Moyo that he felt that the 32 months imprisonment was too severe.
The two High Court judges ruled that Ndlovu's sentence be reviewed to 400 hours of community service.
"The appeal has been granted and sentence by court set aside. The initial 32 months of imprisonment are suspended on condition that accused performs 400 hours of community service at ZRP Pumula," concluded the judges.
In his appeal, Ndlovu said the minor consented to sex.
"It must be brought before this honourable court that complainant's family approached Ndlovu to negotiate a price for the damages. He was charged $100 for introductory price (isivulamlomo) and a beast or in the alternative $600 and at the time of going to court he had paid $300 of the $600," said Ndlovu's lawyers, Samp Mlaudzi and Partners.
"At the time of the commission of this alleged crime, Ndlovu and the girl aged 15 were in a relationship. It must be noted that the girl's mother prompted her to report Ndlovu and allege that she was raped. Members of the neighbourhood watch committee influenced her to make a rape report."
Ndlovu further argued that he did not know that it was an offence to have consensual sex with a girl left with only four months to turn 16 years.
"She consented to sex months after she accepted my advances. I once tried to terminate the relationship but she would have none of it," he said.
At the magistrates Court, Ndlovu was sentenced to 32 months of imprisonment of which six months were suspended for five years on condition that accused does not within that period commit any offence.
On November 26 last year at around 6AM, the girl went to Ndlovu's home to fetch water as her family had no water.
He then had intercourse with her once with her consent. Her family demanded compensation and after a few days, the girl made a police report that she had been raped.
The man said after he paid part of the money for the beast, the girl's mother was influenced by third parties to make a rape report to the police.
Sambulo Ndlovu, who was sentenced to 32 months in prison by a Bulawayo magistrate for bedding his 15-year-old girlfriend, revealed this in an appeal to the High Court.
Ndlovu told Justice Maxwell Takuva and Justice Nokuthula Moyo that he felt that the 32 months imprisonment was too severe.
The two High Court judges ruled that Ndlovu's sentence be reviewed to 400 hours of community service.
"The appeal has been granted and sentence by court set aside. The initial 32 months of imprisonment are suspended on condition that accused performs 400 hours of community service at ZRP Pumula," concluded the judges.
In his appeal, Ndlovu said the minor consented to sex.
"At the time of the commission of this alleged crime, Ndlovu and the girl aged 15 were in a relationship. It must be noted that the girl's mother prompted her to report Ndlovu and allege that she was raped. Members of the neighbourhood watch committee influenced her to make a rape report."
Ndlovu further argued that he did not know that it was an offence to have consensual sex with a girl left with only four months to turn 16 years.
"She consented to sex months after she accepted my advances. I once tried to terminate the relationship but she would have none of it," he said.
At the magistrates Court, Ndlovu was sentenced to 32 months of imprisonment of which six months were suspended for five years on condition that accused does not within that period commit any offence.
On November 26 last year at around 6AM, the girl went to Ndlovu's home to fetch water as her family had no water.
He then had intercourse with her once with her consent. Her family demanded compensation and after a few days, the girl made a police report that she had been raped.
Source - chronicle
