Rape case thrown out, no evidence

Thandeka Moyo, Court Reporter
A NKAYI man yesterday escaped jail when a medical report showed that there was no penetration following allegations that he raped a cousin.

Nkosiyazi Moyo was arrested for allegedly raping the 15-year-old, an orphan.

The girl allegedly abandoned her studies after the incident.

The girl told regional magistrate Sibongile Marondedze that she developed some rash on her privates after the rape late last year.

However, Magistrate Marondedze discharged Moyo at the end of the State Case yesterday after a nurse confirmed there was no proof of penetration.

“The court has considered evidence brought before it so far and it is clear that the State does not have a prima facie case against accused.

The nurse who examined the girl has confirmed that there was no penetration,” said the magistrate.

The girl in her testimony said: “I was sleeping with my sibling when I noticed that the accused whom I regarded as a brother was behind me, undressing and closing my mouth and nose. I tried screaming but he overpowered and raped me”.