The 19-year-old Matetsi resident of Matabeleland North Province’s Hwange District, who was detained after being accused of raping a 14-year-old girl, has been found not guilty.
Coglainmore On April 18 of this year, Blessed Sibanda of Matetsi’s Khayalethu Village was charged with impregnating the girl and spreading an STD. The girl is from Breakfast.
Due to a lack of evidence, Sibanda was declared not guilty and released by the court. His attorney, Thulani Nkala of Dube, Nkala and Company, contended that the State’s evidence was inconsistent since multiple witnesses, including the complainant, gave contradictory testimony.
The girl and her 13-year-old sister had sneaked out of their home on Independence Day to go partying, and their whereabouts were unknown for five days.
When they were found hiding in a bush on April 24, they told their parents they had been living there.
The girl’s mother, a State witness, took her to the police on April 26 when she became ill with stomach aches, fearing that she might have consumed contaminated food while she was away.
After that, she was sent to Victoria Falls Hospital, where it was discovered that she had a STI and was pregnant.
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Following interrogation, the girl accused Sibanda of offering them refuge and raping her, which led to her becoming pregnant.
Sibanda denied having ever beaten her or given the sisters lodging.
Nkala contended in his application that the complainant, her sister, and her mother had all contradicted their written accounts, leaving no proof to support the fundamental aspects of the offense. Nkala stated:
”They claimed she had been raped on 22 April but in court they said she was raped on 19 April. The two siblings also contradicted during court testimony on whether there was a door or not in the room she was allegedly raped”.
”The complainant initially claimed the accused had closed the door behind her as she entered his room but in court later changed and said there was no door while her sister maintained that the accused closed the door”.
”It is accordingly prayed that the accused person be discharged at the close of the State case in terms of Section 198(3) of the Criminal Procedure and Evidence Act”.
The youngster originally informed her parents that she and her sister had slept in the bush and only mentioned Sibanda after being transported to the hospital.
Their statements contradicted the State’s presentation, including conflicting versions of how their parents located them after five days.
There were also rumors that a family member had been raped, however the witnesses refuted these allegations in court.
Following the trial, Sibanda was found not guilty by Regional Magistrate Mark Dzira and declared innocent. The pregnancy was terminated in accordance with a May court judgment.
The State claimed that on the evening of April 18, during the celebration of Independence Day, the complainant and her 13-year-old sister went out without permission from their parents.
The court was informed that they opted to hide in a nearby bush after failing to return home the next day.
On April 22, Sibanda allegedly approached the girls at a football field close to his place of employment and made an offer to give them a hotel for the night.
Later, it was said, he called the woman into his room, shut the door, and used a condom to rape her twice.
The girl’s mother took her to the police rather than the hospital when she complained of stomachaches.
After being referred to Victoria Falls Hospital, it was determined that she was both pregnant and suffering from an STD. After the girl accused Sibanda, he was taken into custody.
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