19 year old aquitted of rape

A 19-YEAR-OLD man from Matetsi in Hwange District will forever thank his gods and ancestors for saving him from a conviction and severe custodial sentence for rape after a court found him not guilty and discharged him for lack of evidence.

Coglainmore Blessed Sibanda of Khayalethu Village in Matetsi had been arrested for raping a 14-year-old girl who he allegedly impregnated and infected with a sexually transmitted disease on 18 April this year. The girl is from Breakfast.

Sibanda was discharged at the close of the State case after defence lawyer Mr Thulani Nkala or Dube, Nkala and Company argued in his application for discharge that there were inconsistencies in the State case as witnesses, including the complainant gave conflicting statements.

The girl and her younger sister aged 13 years had sneaked out of home at night on Independence Day to go partying and their whereabouts were not known for five days.

When they were found hiding in a bush on 24 April, the girls told their parents that they were staying in the bush.

She fell sick with stomach pains on 26 April and her mother, who was also a State witness, took her to the police saying she suspected she could have eaten poisoned food during her disappearance and was referred to Victoria Falls Hospital where it was established that she was pregnant and infected with an STI .

After being questioned, the girl implicated Sibanda and claimed he offered them accommodation and raped her hence the pregnancy.

Sibanda denied ever offering accommodation to the siblings or raping her.

In his application, Mr Nkala said all the three witness being the complainant, her sister and mother contradicted their written statements hence there was no evidence to prove essential elements of the offence.

“They claimed she had been raped on 22 April but in court they said she was raped on 19 April. The two siblings also contradicted during court testimony on whether there was a door or not in the room she was allegedly raped. The complainant initially claimed the accused had closed the door behind her as she entered his room but in court later changed and said there was no door while her sister maintained that the accused closed the door.

“It is accordingly prayed that the accused person be discharged at the close of the State case in terms of Section 198(3) of the Criminal Procedure and Evidence Act,” he said.

The girl told her parents they slept in the bush and only mentioned Sibanda after being referred to hospital.

Their oral testimonies contracted State outline and they also contradicted on how their parents found them after five days and a family relative was at some point implicated for having raped the girl but the witnesses disputed the claims in court.

Regional magistrate Mr Mark Dzira found Sibanda not guilty and acquitted him after trial.

A court order was obtained in May for termination of the pregnancy.

The State case was that the complainant and her young sister aged 13 years went out for Independence Day celebrations without permission of their parents on 18 April at night.

They allegedly did not go back home the following day and decided to hide in a nearby bush, the court was told.

It was alleged that Sibanda approached the two on 22 April after he found them at a football pitch near the shops where he was employed and he offered them a room for the night.

It was alleged that few minutes after Sibanda showed the girls the room, he called the complainant to come and collect a blanket from his room and she complied.

Sibanda allegedly closed the door soon after she entered his room and raped her twice in one night with a condom.

When the girl complained about stomach pains, her mother took her to the police instead of hospital.

She was referred to Victoria Falls Hospital where it was confirmed that she was pregnant and had a sexually transmitted disease.

The girl’s mother aged 29 told the court that her two juvenile daughters requested for permission to go to an Independence Day celebration and she refused.

She said they sneaked out at night and only looked for them in the morning but could not find them.

They were found on 24 April and two days later the complainant complained about stomach pains.

She took her to the police from where they referred to hospital and it was confirmed she was pregnant and with an STI.

She implicated Sibanda leading to his arrest.