adminThandeka Moyo Court Reporter
A TEENAGER from Insuza who allegedly tied and raped a 63-year-old woman has been acquitted and discharged after the court found him not guilty of the offence. Mqhelisi Sibanda, 19, of Masayi village was facing one count of rape with the State alleging he had raped a neighbour whom he followed into a bush.
Regional magistrate Mark Dzira said the victim’s evidence was too weak to prove beyond reasonable doubt that Sibanda sexually abused her.
“In her evidence the complainant didn’t tell the court about visiting the accused after the alleged offence which contradicts what is written in her statement. What the accused said about enmity existing between the two might be the likely reason why she made the rape report,” said magistrate Dzira.
He said the State failed to prove its case and as such the accused was found not guilty.
The victim told the court that Sibanda followed her to the bush where she was collecting wild fruits and fetching firewood.
“This boy (Sibanda) is disrespectful. He actually followed me to the bush where I had gone to collect wild fruits and fetch firewood. He confronted me and demanded to have sex with me and when I refused he grabbed my hand and pushed me to the ground. He then firmly tied my hands and neck with a string and raped me,” said the woman.
Sibanda, in his defence through his lawyer, Cedrick Dube, said the allegations stemmed from a dispute between his mother and the alleged victim over a dish which was allegedly found at the old woman’s home.
“The dish belonged to Sibanda’s mother. The rape allegations only surfaced two weeks after the woman, who is my neighbour, was confronted by my mother over a dish which was found at her home. She just wants to fix me because of that and I believe the accusations are an afterthought. I didn’t rape her at all,” said Sibanda.
Online Reporter