State withdraws charge against indecent assault accused man

A 36-YEAR-OLD Hatfield man, who was being accused of indecently assaulting a 15-year-old minor, walked out of the Harare Magistrates’ Court a free man after the State withdrew the charges preferred following “inconsistent” evidence by the complainant.

by Phyllis Mbanje

Kennedy Chivhuna, who was being represented by Simon Chabuka of Madotsa and Partners, breathed a sigh of relief when Norman Tsarwe, appearing for the State, told magistrate Adonis Masawi that the evidence given by the victim (name withheld) was erratic, making it impossible to proceed with the matter.

Presiding magistrate Masawi was left with no choice, but to go along with the prosecutor and acquitted Chivhuna of the charge of aggravated indecent assault as defined in Section 66 of the Criminal Law (Codification and Reform) Act.

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