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Mashudu Netsianda Senior Court Reporter
THE prison officer, who was being accused of raping his girlfriend, had every reason to smile when he was acquitted of the charge.
Givemore Muzariri, 29, of Cowdray Park, Bulawayo was being accused by his girlfriend Gabriella Nyaruvende, 33, of raping her during a night out.
In acquitting him on Wednesday, regional magistrate Trynos Utahwashe ruled that there was no evidence linking Muzariri to the alleged offence.
“The accused is discharged at the close of the State case due to lack of primae facie case,” ruled the magistrate.
The court was told that on the night, Muzariri and his girlfriend booked at a local lodge in Bulawayo.
Allegations against Muzariri were that on the night of September 6, 2013, he woke up and caressed his girlfriend before allegedly raping her.
On the following day at about 2am, Muzariri woke up and started caressing his girlfriend before he allegedly demanded to have sex with her.
Nyaruvende allegedly refused to indulge in sexual intercourse and reminded her boyfriend about the promises they made when they first met, the court heard.
Muzariri was alleged to have raped her.
Soon after the alleged incident, the complainant reported the matter to the police leading to Muzariri’s arrest.
However, in his defence, Muzariri argued that he had consensual sex with the woman.
“We started going out with the complainant in February and on the day in question we had consensual sex,” he said.
Online Reporter