adminThandeka Moyo Court Reporter
A 64-YEAR-OLD Nkayi psychiatric patient reportedly raped his five-year-old daughter who had been left in his custody when his wife went to the garden.Nkosana Mahlangu yesterday appeared before regional magistrate Mark Dzira facing a rape charge. He was however granted a special verdict of not guilty that was entered in terms of the Mental Health Act.
In terms of that law, a not guilty verdict is retained if an accused person is found to have been “mentally disordered or intellectually handicapped so as not to be responsible for the act” at the time that he or she committed a crime.
In his ruling the magistrate said: “This man has a mental disorder and it will be fair to refer him to Mlondolozi so he receives treatment. He has been mentally challenged for the past 27 years and releasing him will endanger the community.
“This court cannot give him a custodial sentence for the rape charges . . . he cannot be charged for raping his daughter,” said Dzira.
It is agreed that on May 22, 2012, Mahlangu was left in custody of his children who were playing in his homestead in Dakamela, Nkayi.
When his wife left for their garden, Mahlangu summoned his daughter to their kitchen hut where he grabbed and undressed her.
He then raped her once.
When Mahlangu’s wife returned from the garden, the girl narrated her ordeal and a police report was made, leading to his arrest.
Online Reporter