adminJustices Nicholas Ndou and Maphios Cheda sitting as an Appeal Court upheld the boy’s appeal.
It was the State’s case that during August 2008, the boy and his stepsister were on holiday in South Africa when he raped her.
She only revealed the case when they returned from South Africa after being interviewed as she had an unusual discharge.
The boy pleaded not guilty, but was convicted by Bulawayo regional magistrate Mr Mark Dzira on 15 February this year.
He was sentenced to eight years of which three years were conditionally suspended for five years.
Not happy with the conviction, the boy lodged an appeal at the High Court, arguing that the report of the abuse was not made timeously and that the circumstances under which it was made were not sufficiently canvassed.
The boy, who was representing himself, said the evidence of the two star witnesses failed to corroborate the evidence of the complainant.
He further argued that the trial magistrate erred by failing to summon witnesses from South Africa where the alleged abuse is said to have been perpetrated.
Mr Lewis Maunze, of the Attorney General’s Office had argued that the conviction was proper at law.
Online Reporter