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Fairness Moyana in Hwange
AN 87-year-old man from Lupane stood accused of raping his granddaughter heaved a sigh of relief on Tuesday last week after he was acquitted of the charge.
The man, who cannot be named for professional reasons, had told Hwange regional magistrate, Mr Collet Ncube last week while answering to charges of raping his 14-year-old granddaughter that he lacked the stamina and energy to rape anyone.
“Your Worship, these charges against me are unfounded and I deny them. As an elderly and feeble man how could I have managed to rape a 14-year-old girl who is stronger than me? I’m actually too old and weak to rape anyone. I suspect she is being influenced by some members from the community to make up this story for reasons I’m not aware of,” he said while professing his innocence.
Acquitting the old man, Mr Ncube said the State had failed to prove a prima facie case to warrant a conviction arguing that the complainant and some witnesses gave conflicting testimonies.
“The State witnesses gave conflicting statements in the way events transpired especially the testimonies of the complainant and the Neighbourhood Watch Committee member who is said to have received the report. The absence of the witnesses who the complainant says she first informed coupled with the way the report was made also compromised the case.
“The way the report was made makes the case to be dismissible, the kind of questioning used by the NWC member by putting forth leading questions to the complainant during his interview with her. Given the circumstances, the court has no option but to find accused not guilty and acquitted. Accused will then benefit from the doubt that the State did not prove its case beyond reasonable doubt,” said Mr Ncube.
Prosecuting, Mrs Charlene Gorerino told the court that sometime in July 2017, the girl was left by her grandmother in the custody of the old man.
The court heard that on one night, the old man sneaked into the girl’s bedroom hut while she was sleeping.
He allegedly removed her skirt and raped her. On another day, the court heard, the old man again went into the girl’s bedroom while she was doing her homework.
He pushed her to the ground before raping her once. The matter came to light after a police constabulary received a tip-off and investigations led to the arrest of the old man.
Online Reporter