News / National
Man acquitted of rape
10 Jul 2024 at 02:49hrs | Views
Harare regional magistrate Clever Tsikwa acquitted a man accused of raping his 10-year-old niece, citing contradictions in the evidence presented.
The ruling pointed out discrepancies between the minor's testimony of penetration and the medical report, which showed no visible signs of penetration.
Additionally, there were inconsistencies regarding whether protection was used during the alleged assault.
Tsikwa emphasized that the essential element of penetration necessary for a rape conviction was not established by the State, especially since the doctor who examined the minor was not called as a witness.
Consequently, Tsikwa granted the accused's application for discharge, stating that proceeding with the case would be unjust and a waste of the court's time.
The 44-year-old man was represented by Stanley Mutandadzi of Dumisani Mtombeni Legal Practitioners.
The incident allegedly occurred in 2021 when the minor was left alone at home in Damafalls, and the case was reported to the police after being discovered by a relative of the victim.
The ruling pointed out discrepancies between the minor's testimony of penetration and the medical report, which showed no visible signs of penetration.
Additionally, there were inconsistencies regarding whether protection was used during the alleged assault.
Tsikwa emphasized that the essential element of penetration necessary for a rape conviction was not established by the State, especially since the doctor who examined the minor was not called as a witness.
Consequently, Tsikwa granted the accused's application for discharge, stating that proceeding with the case would be unjust and a waste of the court's time.
The 44-year-old man was represented by Stanley Mutandadzi of Dumisani Mtombeni Legal Practitioners.
The incident allegedly occurred in 2021 when the minor was left alone at home in Damafalls, and the case was reported to the police after being discovered by a relative of the victim.
Source - newsday
