Rape accused grandpa acquitted

A 65-year-old Bulawayo man who was accused of raping his 17-year-old granddaughter has been discharged at the close of the State case due to a lack of evidence linking him to the alleged offence.

The man from Nkulumane whose name has been withheld to protect the juvenile’s identity was alleged to have raped his granddaughter twice in 2014 and this year.

In acquitting the accused, Bulawayo regional magistrate Ms Sibonginkosi Mnkandla noted that there were inconsistencies in the testimonies of the complainant and State-led witnesses.

“After hearing the testimonies by the complainant and State witnesses, the court noted that there is a lack of evidence linking the accused to the rape. Accordingly, he is found not guilty and discharged,” ruled the magistrate.

The accused’s lawyer, Ms Bandile Mpofu from Bukhosi Ncube Attorneys told the court that the evidence submitted by the sState cannot be relied on.

“Even the medical report submitted by the State collaborated with the fact that the complainant was sexually active and only fabricated these allegations because she realised she was going to be in trouble at home for coming home late,” argued the lawyer. “The complainant had inconsistencies in her statement when she failed to give a clear account of what happened on the day in question. She told the court that the accused raped her while she had shorts on but that is impossible.”

The prosecutor, Ms Nomthandazo Mafu told the court that on August 9, 2014 at around 8PM, the complainant was preparing blankets for her grandmother in the accused’s bedroom when her grandfather allegedly stormed the room.

“The accused walked into his bedroom and pushed the complainant resulting in her falling on top of the mattress. He stripped her before raping her,” she said.

Ms Mafu told the court that on another occasion on August 11 this year at around 8PM, the accused again allegedly met the complainant in the same room and raped her.

The State, concurred with the defence, saying there was a lack of evidence linking the accused to the rape.

“The medical report indeed proved that the complainant was sexually active,” said Ms Mafu.