News / National
Soldier jailed for rape
20 Nov 2014 at 17:20hrs | Views
The High Court has reversed the acquittal of a 31-year-old soldier over rape allegations and slapped him with a 10-year prison term after the state successfully appealed against his discharge.
High Court judges, Justice Charles Hungwe and Justice David Mangota reversed the acquittal of Samson Shumbayarerwa and slapped him with a 12 year imprisonment before suspending two years on condition of good behaviour.
Shumbayarerwa had been acquitted by the Magistrates Court over allegations of raping a 12-year-old neighbour in November 2012.
The lower court said the state had failed to prove its case beyond any reasonable doubt, claiming it could have been a case of mistaken identity.
Allegations led by the state were that Shumbayarerwa raped the girl after he called her to his room and asked her to hold a cell phone, which had a torch which he was using to change a blown bulb.
It is further believed that during the incident, Shumbayarerwa covered the girl's mouth with a cloth before pushing her onto the bed and raping her once.
The girl then left Shumbayarerwa's room and informed her mother about the incident.
Prosecutor, Tozivepi Mapfuwa told the High Court judges that the magistrate had misdirected himself and begged the superior court to substitute the verdict of not guilty and remit the matter to the trial court for sentencing.
Shumbayarerwa, who had denied the allegations, was immediately arrested, following the High Court's ruling.
High Court judges, Justice Charles Hungwe and Justice David Mangota reversed the acquittal of Samson Shumbayarerwa and slapped him with a 12 year imprisonment before suspending two years on condition of good behaviour.
Shumbayarerwa had been acquitted by the Magistrates Court over allegations of raping a 12-year-old neighbour in November 2012.
The lower court said the state had failed to prove its case beyond any reasonable doubt, claiming it could have been a case of mistaken identity.
It is further believed that during the incident, Shumbayarerwa covered the girl's mouth with a cloth before pushing her onto the bed and raping her once.
The girl then left Shumbayarerwa's room and informed her mother about the incident.
Prosecutor, Tozivepi Mapfuwa told the High Court judges that the magistrate had misdirected himself and begged the superior court to substitute the verdict of not guilty and remit the matter to the trial court for sentencing.
Shumbayarerwa, who had denied the allegations, was immediately arrested, following the High Court's ruling.
Source - zbc
