By Mashudu Netsianda
A disabled Bulawayo man, who raped his granddaughter after sneaking into her room while she was asleep, was yesterday sentenced to nine years in jail.
The 72-year-old, whose name is withheld to protect the identity of the victim but is from Old Lobengula suburb raped his 12-year-old granddaughter who had visited him to help with household chores that he had challenges in performing.
He pleaded not guilty to rape but Bulawayo regional magistrate Mr Crispen Mberewere convicted him due to overwhelming evidence.
The elderly man will serve an effective five years in jail after the magistrate conditionally suspended four years for five years on condition that he does not within that period commit a similar offence.
Mr Mberewere, in his judgment, ruled that there was enough evidence linking him to the crime committed three months ago.
“In our analysis we find that the credibility of the complainant is beyond reasonable doubt. She has no reason to falsely implicate her grandfather. Indeed we are convinced that the complainant was sexually abused and there is evidence from the doctor’s medical report which concluded that penetration was definite,” said the magistrate Mr Mberewere said the old man’s conduct was deplorable.
“In assessing the sentence the court has to strike a balance between the accused person’s personal circumstances and maintaining the law’s firm stance on rape, particularly were minors are sexually abused,” he said.
Mr Mberewere said rape is a serious offence which requires severe punishment for offenders.
“You are an elderly and disabled man. An amputee who walks with the aid of crutches. However, rape is a serious offence and the courts have a duty to protect women and the girl child. The accused person will not escape prison simply because of his age, however, we will only exercise leniency,” he said.
Prosecuting, Mr Simbarashe Manyiwa said on September 10 at about 9AM, the complainant who resides at Mabutweni with her mother decided to visit her grandfather in Old Lobengula to assist him with cleaning the house among other household chores.
The court heard that an hour later, the complainant decided to return home and the old man persuaded her to stay longer until 6PM.
“At 6PM, the accused further persuaded the complainant to sleep over at his place,” said Mr Manyiwa.
The court heard that at about 8PM, the girl was sleeping in the lounge when her grandfather, who had just finished bathing, sneaked into the room.
He switched off the radio, television set and lights before proceeding to where his granddaughter was sleeping.
The man covered the complainant’s mouth before pushing her to the floor and raping her once.
After committing the offence, the old man left the room and went to sleep leaving his granddaughter crying.
A week later the complainant’s mother noticed a blood stained piece of cloth hidden under a couch.
She became suspicious and quizzed her daughter who revealed the accused person had raped her.
A report was made to the police leading to the man’s arrest.
The girl was taken to hospital for medical examinations and the doctor’s report showed that she was sexually abused. Chronicle
