A Harare regional magistrate has acquitted socialite Charles Guvamatanga affectionately known as Torrro in music circles after he found him not guilty of rape at the close of the State's case.Guvamatanga was facing allegations of raping his niece.
His lawyer Dumisani Mtombeni had applied for discharge arguing that the State failed to prove a prima facie case against his client.Mambanje ruled that the State failed to prove a prima facie case against the accused.The magistrate said the intimate version of the rape was not said in court except the word that she was raped.
"It was also asked why the complainant lied that she would go into nightclubs where she was not permitted due to her age. She was also asked how her father would react to her going to bar and she told court that he had no problem with that. One would wonder any decent father could have had questions on the conduct of his child," Mambanje said.
"She failed to explain how she ended up in a nightclub. Evidence by the state was not satisfactory. The material elements expected is satisfied and the State failed to prove a case. The accused is found not guilty and acquitted."
In his defence Guvamatanga says he was actually a victim of abuse himself, claiming he was in fact drugged by the 18-year-old complainant who then took advantage of him and forced herself on him.
