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Sukulwenkosi Dube-Matutu
A GWANDA man has been jailed 15 years for raping his visually impaired neighbour after he met her while on her way home from the shops.
Kuthula Ngwenya (29) of Simbumbumbu Village pleaded not guilty to a charge of rape when he appeared before Gwanda regional magistrate Mark Dzira but was convicted due to overwhelming evidence. He was sentenced to 15 years imprisonment and three years were suspended on condition that he does not commit a similar offence within the next five years.
In passing his sentence Dzira said the evidence produced by the State showed without reasonable doubt that Ngwenya had committed the offence.
“Accused person you alleged that the complainant is your girlfriend and she consented to the sexual intercourse but on record there is no evidence that shows that you were in love with her since 2017 in December as you have alleged. You said your wife knew about the affair but when she testified on your behalf in this court she denied knowledge of this alleged affair.
“The medical report also shows that the complainant had fresh abrasions which show that sexual intercourse had been done through force. The court is satisfied that the State has proved its case without reasonable doubt and you are guilty as charged,” he said.
Dzira added:
“Rape is a serious violation of a woman’s body. Victims of sexual abuse are left traumatised for a long time if not forever. There was no reason for you to rape complainant after she turned down your love proposal as you could have proposed another person. You could have avoided this crime but you went on to commit it. A deterrent sentence is suitable for you,” he said.
Prosecuting, Blessing Gundani said Ngwenya met the woman on December 7 last year at around 4 pm while she was on her way home from Simbumbumbu Business Centre.
He proposed love to her but she refused. Gundani said Ngwenya threatened to rape the woman if she turned down his proposal but she refused to yield. He said Ngwenya pulled the woman from the road and dragged her into a bushy area and raped her once.
“After raping her Ngwenya dragged the woman back to the road and ordered her to proceed home and he fled the scene.
“The woman went to Simbumbumbu Police Base on December 9 where she reported what Ngwenya had done to her resulting in his arrest,” said Gundani.
In his defence Ngwenya denied raping the woman saying she consented to the sexual act.
He said he had been having an affair with the woman since December 2017. Ngwenya said the woman had fabricated the allegations as revenge for failing to give her money.
The woman, however, denied having an affair with Ngwenya saying she only knew him as a local person and they had never had any interactions before the incident.
Online Reporter