A 20 year old man who was accused of raping a minor, today walked free after Harare magistrate Fadzai Mthombeni ruled in his favour.
The magistrate, found the evidence against Nyoni*, who was accused of raping a seven year old girl, not convincing.
Magistrate Mthombeni said medical reports could not prove well if the complainant was sexually abused.
“The nurses did a test and the results show no trace of sperms as claimed by the mother of the complainant,” said Mthombeni adding that the nurses only discovered a creamish discharge which do not reflect signs of sexual intercourse.
She also said that the mother of the complainant reported the case to the police after she saw her child coming out of the accused’s house without physically examining her daughter.
“The mother reported the case after she claimed she found sperms on her child, a move which is good for a mother to do but it means the mother had already concluded that her child was raped,” said Mthombeni.
She also said that the court also considered the evidence given by the children who were in company of the complainant on the day in question.
“The court considered the evidence given by the children who were of the complainant testified that they never left her alone,” she said
Tapiwa was being accused of raping his neighbour’s daughter after he had offered her bread and eggs at his place, in Epworth.
