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Thandeka Moyo, Court Reporter
A BULAWAYO man has been acquitted on charges of raping a prostitute after his alleged victim failed to positively identify her attacker.
The woman said she was raped by a reveller at a local hotel at night and the man fled before she could identify her.
Concilia Ncube, for the State, then applied for discharge at the end of the State case saying the complainant had mistakenly identified Ernest Chicheko as the rapist.
Regional magistrate Sibongile Marondedze granted the application.
“The complainant made a genuine error in pointing out a man who raped her last year on November 21. It is highly likely that the complainant was mistaken in identifying Chicheko as her rapist,” said Ncube.
Magistrate Marondedze said it was clear that the State had failed to prove a prima facie case against Chicheko.
“He is therefore discharged at the close of State case and acquitted,” said magistrate Marondedze.
Ncube had initially alleged that Chicheko proposed love to the prostitute who frequents a local hotel.
“He solicited for sex and agreed to pay $25 for the services at around 8AM. The two agreed to go to Njube suburb and proceeded to 6th Avenue to look for transport,” said Ncube.
“Along the way, Chicheko instructed the driver to stop near Entumbane bus stop claiming he wanted to see his child who was left unattended. He then led the woman along a bushy path pretending to go to his place of residence.”
She claimed that Chicheko then threatened the woman with death and took her phone and $100. “He ordered her to sit and raped her once. He took the woman’s clothes and ordered her to run away as he was carrying a stone. The woman fled,” she said. Ncube was also alleging that Chicheko was spotted at the same hotel days after the incident leading to his arrest.
derick.khumalo