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Mashudu Mambo
A 55-YEAR-OLD man from Makokoba suburb in Bulawayo expressed relief and satisfaction after he was found not guilty and subsequently acquitted on charges of rape.
The State failed to prove its case beyond a reasonable doubt.
Bulawayo regional magistrate Joseph Mabeza acquitted Nkosilathi Ndlovu who was facing charges of allegedly raping his niece’s 18-year-old friend.
Ndlovu who pleaded not guilty was discharged due to lack of evidence.
In his submissions, prosecutor Dominic Moyo raised concerns about certain aspects of the victim’s testimony.
“The victim’s evidence had a number of inconsistencies and these contradictions disrupt the case. She told the court that she had sexual intercourse with the accused when she was instructed by her friend to go to the bed where the accused was sleeping.
“This contradicts what her friend who is a State witness said as she stated that she was sleeping in the same place with the complainant the whole night and she did not hear or see any unusual things,” said Moyo.
Moyo stated that the victim told the court that during the rape ordeal, she neither screamed nor made any sounds to notify her friend.
“The complainant said that she did not scream or tell the accused person to stop raping her and that she went willingly to the bed.
“The victim stated that she was forced by her sister to report the matter. Given this the accused person must be discharged as there is no evidence that links him to the charge,” he argued.
The court heard that on 17 October 2023 at Siphambaniso Flats in Makokoba, Ndlovu invited his niece and the victim for a sleepover.
It was alleged that during the night, Ndlovu then lured the victim to his bed and raped her once, and then went to bed.
In the morning, while the victim’s friend was bathing, Ndlovu raped the victim again and she left. She did not disclose the matter to her friend.
When she got home, the victim notified her sister about the incident and the matter was reported to the police leading to Ndlovu’s arrest.
Online Reporter