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Cynthia Dube, Court Reporter
AN HIV positive man from Umguza in Matabeleland North has been sentenced to 15 years in jail for the anal rape of his seven-year-old cousin.
Marshall Ndlovu (24) of Hamara Farm appeared before Bulawayo Regional Magistrate Mr Crispen Mberewere for raping the seven-year-old girl who is in Grade One.
He pleaded not guilty and said the girl’s parents had cooked up the false allegations against him.
“This is a set up. My uncles told their child to tell the court that l raped her. I didn’t rape her. My uncles want to get rid of me from their house because I’m an orphan and they said I eat too much food,” Ndlovu said.
Mr Mberewere said the court was satisfied that the State had proven its case against Ndlovu beyond any reasonable doubt.
He said a medical report also showed evidence of sexual abuse.
The magistrate sentenced Ndlovu to 15 years in prison, but suspended three years on condition that he does not commit a similar crime.
“Rape is an offence that offends society and traumatises complainants for life. To ensure the safety of women and the girl child you are supposed to be in jail for an effective 12 years.
“It is sad that instead of protecting your little cousin you decided to make her a rape victim,” he said.
Prosecuting, Mr Simbarashe Manyiwa said on October 27 this year during the afternoon, the complainant arrived home from school.
Mr Manyiwa said the girl went to her bedroom and then proceeded to the sitting room where the accused person was watching television.
He said Ndlovu went to the girl and had anal sex with her once.
“The complainant screamed but no one heard her because the volume of the TV was very high,” said Mr Manyiwa.
He said the matter came to light on October 31 when the girl’s mother was informed about the rape by the girl’s brother whom the rape victim had told.
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