News / Regional
HIV+ rapist jailed 20 years
18 Oct 2014 at 06:01hrs | Views
AN Esigodini widower who raped and infected a 10-year-old girl with HIV has been slapped with a 20-year jail term.
Thulani Ncube, 34, of Matshetshe area in Esigodini had denied the two counts of rape but was yesterday convicted and sentenced to 20 years in prison by Gwanda regional magistrate Joseph Mabeza.
In passing the judgment, Mabeza said Ncube admitted that he sometimes gave the young girl some money and that he at times bought some goodies for her.
The court heard that the goodies and money were meant to silence the girl from revealing how Ncube sexually abused her.
Ncube told the court he was only being kind to the girl as she asked for the goodies.
Magistrate Mabeza said the girl's testimony was more consistent and credible than Ncube's.
"Complainant maintained that accused would give her money to silence her. Complainant gave a credible account of events as opposed to accused.
"Accused to some extent corroborated complainant's story. Accused is found guilty of rape," said Mabeza.
In mitigation, Ncube, a father of two minor children aged 10 and six, told the court that he has been on anti-retroviral treatment since 2012.
"I'm so much concerned about the welfare of my children since their mother passed on. I temporarily left them where I was employed because I don't even know where my relatives are," he said.
However, in passing the 20-year jail sentence, magistrate Mabeza said he had taken into account that Ncube was a first time offender with two minor children whose mother was late and that he had no extended family resulting in children being looked after by his employer. Mabeza said he treated the two counts of rape as one.
"However, you stand convicted of a very serious offence. What aggravates this matter is the age difference of 24 years between you and complainant. You deliberately corrupted her with money to buy goodies.
"You also admit that your employer warned you about giving complainant money and goodies," he said.
Mabeza said the offence was also aggravated by the fact that Ncube had sex with the minor well knowing that he was HIV positive and endangering the girl's health.
The state led by Mncedisi Dube told the court that Ncube raped the complainant while she was fetching firewood in a bushy area on July 13 and July 30, this year.
The matter came to light when the girl narrated her ordeal to her teacher who in turn informed the girl's aunt and a police report was made leading to Ncube's arrest.
Thulani Ncube, 34, of Matshetshe area in Esigodini had denied the two counts of rape but was yesterday convicted and sentenced to 20 years in prison by Gwanda regional magistrate Joseph Mabeza.
In passing the judgment, Mabeza said Ncube admitted that he sometimes gave the young girl some money and that he at times bought some goodies for her.
The court heard that the goodies and money were meant to silence the girl from revealing how Ncube sexually abused her.
Ncube told the court he was only being kind to the girl as she asked for the goodies.
Magistrate Mabeza said the girl's testimony was more consistent and credible than Ncube's.
"Complainant maintained that accused would give her money to silence her. Complainant gave a credible account of events as opposed to accused.
"Accused to some extent corroborated complainant's story. Accused is found guilty of rape," said Mabeza.
"I'm so much concerned about the welfare of my children since their mother passed on. I temporarily left them where I was employed because I don't even know where my relatives are," he said.
However, in passing the 20-year jail sentence, magistrate Mabeza said he had taken into account that Ncube was a first time offender with two minor children whose mother was late and that he had no extended family resulting in children being looked after by his employer. Mabeza said he treated the two counts of rape as one.
"However, you stand convicted of a very serious offence. What aggravates this matter is the age difference of 24 years between you and complainant. You deliberately corrupted her with money to buy goodies.
"You also admit that your employer warned you about giving complainant money and goodies," he said.
Mabeza said the offence was also aggravated by the fact that Ncube had sex with the minor well knowing that he was HIV positive and endangering the girl's health.
The state led by Mncedisi Dube told the court that Ncube raped the complainant while she was fetching firewood in a bushy area on July 13 and July 30, this year.
The matter came to light when the girl narrated her ordeal to her teacher who in turn informed the girl's aunt and a police report was made leading to Ncube's arrest.
Source - chronicle
