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Prosper Dembedza Herald Correspondent
Harare regional magistrate Mr Stanford Mambanje has acquitted music promoter and director of Kuziva Holdings, Charles Guvamatanga, known as “Torro” in entertainment circles, of rape at the close of the State’s case.
Guvamatanga was facing allegations of raping his niece.
His lawyer Mr Dumisani Mthombeni had applied for discharge arguing that the State’s case was very weak.
Mr Mambanje said the State failed to prove a prima facie case against Guvamatanga.
In his defence Guvamatanga said he was actually a victim of abuse himself, claiming he was drugged by the 18-year-old complainant who then took advantage of him and forced herself on him.
Mr Mambanje ruled that the complainant failed to prove her case in her testimony.
He also said the nurse who appeared in court as a witness was also unable to explain if the bruises on parts of the complainant’s body, allegedly sustained during the sexual attack, were old or fresh.
He added that the medical evidence submitted was supposed to prove the two engaged in sexual intercourse.
The second witness who testified made statements which contradicted those already submitted by the complainant.
The magistrate also ruled that the complainant’s habit of sneaking out of the house going to night clubs to drink alcohol proved that she was not as decent as she had tried to portray in court.
“The complainant’s lies were fatal to the State’s case,” said Mr Mambanje.
He said there was no medical affidavit provided in court to prove the sexual abuse as alleged.
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