By Hardlife Zuweni
CHIPINGE – Thirty-year old Mathias Mbonyeya stunned a Chipinge court on Monday when he admitted that he had a two-year love affair with a Grade Three pupil. Mbonyeya appeared before Mr Makamera Waini facing statutory rape charges.
The girl’s disclosure compelled the court to consider the more serious charge of rape in accordance with the provisions of Section 54 (1) of the Criminal Procedure and Evidence Act.
The State had alleged that on dates unknown to the prosecutor, but between 2009 and 2011, Mbonyeya of Peg 27, Chivhunze, Chipinge, also an uncle to the complainant, slept with the minor on several occasions when she was in Grade Three. The girl was 13 when she was allegedly abused.
The State said the affair was unearthed by the complainant’s parents in 2011, who subsequently reported the matter to the police resulting in Mbonyeya’s arrest.
Mbonyeya, however, pleaded not guilty to the charges and claimed that according to his own judgment the complainant was 17 in 2009 when they had their first sexual encounter which he said was by consent.
However, Mbonyeya’s claims that intercourse was consensual were dismissed by the complainant who told the court that he forced her to sleep with him on all occasions.
As a result, Mbonyeya’s statutory rape charge will be accordingly altered to a rape case and he is expected to appear before Mutare regional magistrate, Mr Trynos Utahwashe.
Meanwhile, Wilfred Mazanga (40) appeared before Mr Waini facing rape charges after he allegedly connived with a minor’s guardian to trick a 15-year-old girl to sleep with him.
It was the State case that on February 9, Mazanga of Beacon Hill in Chief Mapungwana’s area went to the complainant’s homestead where she stays with her aunt, Tsveruka Mhlanga.
The State said on arrival, Mazanga proposed love to the teenager with the blessings of Mhlanga. However, the complainant turned him down.
Upon the accused’s departure at around 9pm, Mhlanga insisted that the complainant should see Mazanga out. The State said a few metres from the house, Mazanga pushed the teenager to the ground and raped her once and disappeared into the dark.
The complainant alerted a relative, Charles Gwenzi who made a report at Grassflats Police Base leading to Mazanga’a arrest. The complaint positively identified the accused and a medical report also confirmed the rape. The matter was adjourned to February 22. Witness Nyamundaya prosecuted in both cases.