Online Reporter
Danisa Masuku Court Reporter
A FORMER teacher who was sentenced to an effective 20 years in jail for raping a 17-year-old girl had his fresh appeal against the sentence dismissed after he made a U-turn and told the court that he was in love with his student and had consensual sex.
Obed Rwatiringa, a former Biology teacher at Founders High School in Bulawayo, had been granted bail pending appeal but was thrown back in jail after his lawyer failed to turn up for the appeal.
His lawyer, Mr Tinashe Runganga, had to apply for the appeal to be reinstated.
In his latest appeal, which was heard before Justice Munamato Mutevedzi, sitting with Justice Bongani Ndlovu, he argued: “The accused was in love with the student and they engaged in consensual sexual intercourse. Soon after engaging in sexual intercourse, the accused sent the complainant a message asking whether she enjoyed the sexual encounter.”
Mr Runganga further argued that: “I pray that he is charged for having sexual intercourse with a minor and given a lighter sentence.”
The State, represented by chief public prosecutor Mr Kudakwashe Jaravaza, submitted: “After they engaged in sex, the complainant quickly reported the matter to one of the teachers at the school. A medical report, which was tendered as evidence in court, proved that there was penetration. The witnesses who testified at the trial court corroborated each other in their testimonies.”
Justice Mutevedzi dismissed the appeal, stating that: “There is no proof that the sexual encounter was consensual and even the trial magistrate noted the complainant demonstrated how she was sexually attacked and the graphic demonstration was believable. Soon after the rape incident, the complainant immediately reported the incident to her teacher. The appeal lacks merit and is, therefore, dismissed in its entirety.”
The court heard that in May this year, Rwatiringa sent the complainant to buy pies before proposing a romantic relationship to her.
The girl reported the matter to the school’s guidance and counselling teacher. On 21 February, shortly after 1PM Rwatiringa summoned the complainant for extra lessons in the science laboratory.
“After the lesson, he grabbed the complainant’s left hand and forced her onto a chair,” the court heard.
The court heard that the girl screamed and tried to resist, but Rwatiringa overpowered her before raping her. The matter was reported to the police, leading to Rwatiringa’s arrest.
The complainant was later referred to hospital for a medical examination.
