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Sukulwenkosi Dube-Matutu, Gwanda Correspondent
A MAN (94) who raped his neighbour’s daughter (13) in the presence of her nine-year-old cousin has been sentenced to a wholly suspended five year jail term.
Philimon Ncube of Mahetshe Village in Maphisa area pleaded guilty to rape charges when he appeared before Gwanda regional magistrate, Mr Mark Dzira.
He was sentenced to five years imprisonment which was wholly suspended on condition that he does not commit a similar offence within the next five years.
In passing his sentence, Mr Dzira said he had taken Ncube’s old age into consideration.
In mitigation Ncube’s lawyer, Mr Sifisosethu Nkomo of Mathonsi Ncube Law Chambers pleaded with the court not to send his client to jail due to his age and ill health.
“The accused is now of old age as he is 94 years old. Given his age a prison sentence will be harsh. He has a health condition and had difficulties in walking and using his hands because of old age. I was advised that during the time he was in remand prison he fell because of his fragile state.
“Given these circumstances it’s clear that he wouldn’t cope with prison life if he were given a jail sentence. I humbly pray that my client be given a suspended sentence. Furthermore he pleaded guilty and didn’t waste the court’s time. He also co-operated with the police as a sign of remorse. Throughout his 94 years this is the first time that my client has been found on the wrong side of the law,” said Mr Nkomo.
Prosecuting, Mr Pearson Chekeya said Ncube raped the juvenile who is a Form Two pupil on April 4 at around 11AM in the presence of her nine-year-old cousin.
He said Ncube summoned the two juveniles to his homestead to look for his lost cell phone in his bedroom hut.
When they were inside he locked the door and committed the offence.
“The juvenile and her cousin were penning goats and one of them strayed and they chased it. They met Ncube who asked them to accompany him to his house to help him look for his lost cell phone which he was failing to locate as he had poor eyesight.
“The juveniles complied and when they got to Ncube’s homestead he directed them into his bedroom hut to look for the cell phone. When they were inside he closed the bedroom door and locked it from inside,” he said.
Mr Chekeya said Ncube grabbed the 13-year-old juvenile and pushed her onto his bed. He ordered the nine-year-old to sit down and remain silent and threatened to beat her up if she didn’t comply.
He warned them against reporting the matter.
Mr Chekeya said the juveniles went home and reported what had transpired leading to the arrest of the old man. — @DubeMatutu
Online Reporter