Rape accused, 87, acquitted

By Walter Mswazie

MASVINGO – An 87-year-old man who was facing allegations of raping his two nieces aged six and seven broke into tears of joy after he was acquitted by a Masvingo magistrate.

The partially blind man who lives under Chief Sengwe’s area in Chiredzi cried uncontrollably as his relatives led him from the court room.

The old man had pleaded not guilty to two counts of rape and aggravated indecent assault saying he was no-longer sexually active and was a caring grandfather.

He was acquitted due to lack of evidence following allegations that he had raped the two girls between August 2015, and January this year.

Magistrate, Judith Zuyu said there were inconsistencies in state witnesses’ accounts leaving the court with no material ground to suggest that the rape was actually committed.

“The court has found it risky to convict the accused basing on what the witnesses have said. There are glaring flaws within the evidence given and ruling in favour of the two complainants will be a travesty of justice,” said Zuyu.

She said the court could not reject the accused’s defence that the case could have been fabricated as the complainants’ family sought to extract benefits from the accused.

Zuyu said the old man led a better life given that six of his children had good jobs with others working outside the country sending him money regularly for his upkeep.

“The court has challenges in incriminating the accused due to four glaring flaws in this matter. Firstly, the stage at which a medical examination was sought is questionable.

“Secondly, there is another witness who is said to have the correct evidence who could not be located, thirdly there was an attempt by the complainants’ family to get compensation from the accused and lastly there’s a possibility that the family wanted the accused to give them food given their poor background as compared to the former who is a well off,” said Zuyu.

The old man, who was represented by Charles Vhudzi, denied the charges saying he was no-longer sexually active and his alleged victims parents had sought to extort food from him due to their poor background.

For the State, Moreblessing Rusere told the court that the man was allegedly left with the minors each time their parents went to a local Growth Point where they worked as vegetable vendors.

He allegedly called the girls, one after the other, and raped them. When their mother noticed that one of them had difficulties in walking, she took her to a local clinic where it was discovered that she had been raped. The Chronicle