Rape withdrawn as witness fails to give meaningful testimony

Sukulwenkosi Dube-Matutu

A 13-YEAR-OLD Kezi teenager appeared in court for allegedly raping his seven-year-old neighbour.

The boy from Lingwe Village who cannot be named for ethical reasons appeared briefly before Gwanda regional magistrate, Mark Dzira facing a rape charge.

The matter was however, withdrawn before plea after the State indicated that the complainant was unable to give a meaningful testimony in court.

Prosecuting, Blessing Gundani said the State had interviewed the girl but failed to solicit any evidence from her. He said a psychiatrist’s report had confirmed that the complainant was not fit to stand trial as she was suffering from moderate intellectual disability.

“The State would like to withdraw charges before plea because the witness is unable to give any meaningful testimony in court. We failed to solicit any evidence from her which confirms the psychiatrist’s report that she isn’t fit to stand trial,” he said.

Gundani said the teenager who is a Grade Seven school dropout raped the girl who is a Grade Two pupil at Lingwe Primary School on September 17 last year while she was on her way from school.

“On 17 September 2018 at around 2 pm the complainant was on her way from school walking along a pathway in a bushy area when the teenager waylaid her. He ordered the complainant to remove her clothes and lie on the ground.

“The complainant complied and the teenager raped her once and then ordered her to go home. The matter came to light when the juvenile arrived home crying and when her mother asked what had happened she revealed what the accused person had done to her. The matter was reported to the police resulting in his arrest,” he said.