adminMashudu Netsianda Senior Court Reporter
A TSHOLOTSHO man and maid, who allegedly held a knife to her employer’s 13-year-old daughter’s throat while he raped the girl, were yesterday acquitted.
The two were arrested after the girl’s uncle who is a “prophet” had “prophesied” at a church service that his niece had been raped.
Lethukuthula Moyo, 19, and Doom Lios Vundla, 34, from Msingwana Line had pleaded not guilty when they jointly appeared before regional magistrate Sikhumbuzo Nyathi.
Acquitting the pair, Nyathi said the state had failed to prove its case.
He also queried the authenticity of the “prophecy,” saying the law did not concern itself with mystical issues.
“The victim did not voluntarily make a complaint but rather she only reported the alleged rape after his uncle confronted her with a prophesy alleging she had been raped. The court will not deal with the truthfulness of these prophesies as the law does not concern itself with mystical issues, which effectively means that the element of prophesy raised in the complaint works in favour of Moyo and Vundla,” Nyathi said.
In disputing the evidence by state witnesses, Nyathi noted that the medical report indicated that the girl’s hymen was intact, showing that there was no penetration.
“It is better to acquit a guilty person than convict an innocent person. The state failed to prove its case beyond reasonable doubt and accordingly Moyo and Vundla are found not guilty of rape and acquitted,” ruled Nyathi.
In her testimony, the minor’s grandmother told the court that the alleged crime came to light after the girl’s uncle prophesied that she had been raped. He however, did not mention names. The child later claimed that she had been raped on her way home from church.
Prosecuting, Masimba Saruwaka said on March 1 this year shortly after 1PM, Vundla allegedly offered the minor girl R100 but she refused to take the money.
“He then approached Moyo and gave her the R100 so that she could facilitate a love affair between him and the girl,” alleged Saruwaka.
On the same day, at around 7PM, Moyo allegedly took an Okapi knife, placed it under a pillow and an hour later went to the girl’s homestead and her bedroom.
Vundla then allegedly forcibly removed the girl’s tights and panties and raped her once. After the act, he allegedly threatened to kill her if she told anyone about the incident.
At a church service, the “prophet” then said the girl was raped, a claim that was dismissed yesterday.
derick.khumalo