Langa Mabena
Danisa Masuku
A 19-YEAR-OLD man, accused of raping his neighbour’s six-year-old granddaughter, was acquitted of rape charges.
Frank Kankwata appeared before Bulawayo regional magistrate Sibonginkosi Maphosa and pleaded not guilty.
He was being represented by Task Vhiki and Mary Nyika of Task Vhiki Attorneys law firm.
In defense they argued that the complainant had a tendency of insulting Frank, alleging that he was mentally challenged.
They further argued that on the day in question, the minor repeatedly insulted Frank, and in retaliation, he threatened to beat her.
The court heard that the minor’s grandfather subsequently reprimanded Frank and assigned a male relative to ensure Frank did not harm the child.
It was also presented in court that while the minor’s grandfather was attending a funeral, the minor’s mother instructed a relative to bring the child to Harare, where she resides. The defense alleged that the accusations were fabricated by the complainant’s mother, who harbours animosity towards the accused.
At the close of the state’s case, Frank was acquitted. The court found that the State had failed to provide sufficient evidence to prove that the accused committed the offense, and the evidence presented was insufficient to secure a conviction.
The court heard that in August last year, the minor’s grandfather had left the complainant in Frank’s care.
It was alleged that Frank took the minor to his bedroom and raped her, subsequently ordering her to return home.
The minor did not initially disclose the alleged assault to her grandfather, but later revealed the ordeal to her mother during a visit to Harare, accompanied by a relative.
Online Reporter