High Court overturns 20-year rape conviction

The High Court has quashed the 20-year jail sentence handed to Mudzi man William Smoko, citing "speculative, contradictory, and uncorroborated" evidence as the basis for overturning the lower court's ruling.

Judges of appeal, Justices Esther Muremba and Deputy Judge President Munyaradzi Mawadze, ruled that the State had failed to prove its case beyond reasonable doubt, highlighting inconsistencies and credibility gaps in the complainant's testimony.

"I am unable to conclude that the State proved its case beyond reasonable doubt," Justice Muremba stated, adding that the magistrate's analysis "fell far short of the rigorous scrutiny required in criminal trials where the liberty of an accused person is at stake."

Smoko had been convicted of raping a 34-year-old woman following a longstanding feud over a faulty cellphone and a missing shovel. The High Court noted that the prior disputes cast serious doubt on the complainant's motives.

"These circumstances cast a shadow over her motives and raise legitimate concerns about possible fabrication of the rape allegations," Justice Muremba said.

The court also highlighted contradictions in the complainant's account, including claims that the assault occurred in broad daylight and that she reported the incident to police, yet she allegedly chose to sleep alone with only a three-year-old child that night despite fearing Smoko's return.

The High Court criticised the magistrate for relying on unverified assumptions, including the claim that Smoko had visited the complainant's homestead, which the court said was not supported by evidence. The State's failure to produce key physical evidence, such as torn clothing allegedly ripped during the assault, further undermined the credibility of the testimony.

Medical findings were also inconsistent with a recent sexual assault, showing only "healed hymenal tears" and bruises that could not conclusively be linked to the alleged rape.

The High Court further noted that the defence evidence, including testimony from Smoko's wife placing him at home on the night in question, had been wrongly dismissed by the magistrate.

"A conviction must rest on evidence that is persuasive and free from reasonable doubt. That is not the case here," Justice Muremba ruled.

Smoko's conviction and sentence were therefore set aside, with the High Court emphasising that the liberty of the accused must be protected and that all evidence should be evaluated thoroughly and impartially.