HARARE regional magistrate Clever Tsikwa yesterday acquitted a man who was facing allegations of raping his 10-year-old niece.
In his ruling, Tsikwa said the minor’s evidence that her uncle penetrated her for five minutes contradicted the medical report which showed that there was no visible evidence of penetration.
He said the State outline was also in contradiction to the victim’s evidence as it alleged that accused used protection while the minor alleged that he did not use any.
Tsikwa further ruled that the essential element of penetration on rape cases was not established by the State since the personal doctor who examined the minor was not called as a witness.
He further ruled that placing the accused person on his defence would be an injustice and totally a waste of the court’s time.
The 44-year-old man was acquitted after filing an application for discharge through his legal counsel Stanley Mutandadzi of Dumisani Mtombeni Legal Practitioners.
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Circumstances are that sometime in 2021, the minor was left alone at home by her stepmother in Damafalls and the man allegedly entered her room where he forcibly removed her clothes and raped her with protection.
The man allegedly threatened the minor not to reveal what had transpired.
The State alleged that the rape was discovered by the minor's relative who later reported the case to the police.