adminCornelius Nyoni (23) had pleaded not guilty to two counts of rape but was convicted by senior Western Division regional magistrate, Mr Owen Tagu.
Five years of his sentence were suspended for five years on condition that he is not within that period convicted of a similar offence.
In mitigation, Nyoni pleaded with the court to exercise lenience with him “since I am still young”.
“I ask the court to give me another chance to go back to society and may the court take into consideration that I am an orphan and look after my siblings,” said Nyoni.
In passing sentence, Mr Tagu said he had taken into account that Nyoni is a youthful first offender.
“You committed the offences at the place where you were employed and had it not been that you were caught red-handed the abuse would have continued. Out of fear the complainant did not report and a deterrent sentence is called for,” said the magistrate.
Mr Tinashe Dzipe, for the State, told the court that on a date unknown to the prosecution but during the month of January last year, the complainant was asleep in a kitchen hut with other children and she was the eldest child.
During the night, Nyoni gained entry through the window, got into her blankets and raped her once.
He threatened her with assault if she reported the matter.
On 12 February the same year, complainant was asleep in the same hut with other children.
Nyoni got into the hut and raped her once.
His luck ran out during the night when his employer came looking for him and he responded from the kitchen hut.
After he had been caught, he failed to give an explanation as to what he was doing in the hut forcing his employer to slap him once and he ran away.
The complainant revealed that she had been sexually abused and that she could not report because of the threats that had been made by Nyoni.
Online Reporter