Five years of his sentence were suspended for five years on condition that he is not within that period convicted of a similar offence.In passing sentence, Mr Sibanda noted that the rape bordered on incest and that the man knew of his HIV status but went on to rape the girl without taking any precautionary measures.
Under cross-examination by the prosecutor, Ms Angeline Munyeriwa, the man from Mangwe District, admitted that he knew his status and that he never used a condom when he raped the girl.
Clutching a paper bag containing his medication, the man who was coughing throughout the proceedings, moved slowly out of the dock and sat in the public gallery from where he was later taken to the holding cells before being taken to the court holding cells en route to Khami Maximum Prison.
Agreed facts were that on a date unknown to the prosecution but during the month of January 2008, the man and the girl shared a kitchen hut as a bedroom.
They were sharing the kitchen hut with the complainant’s grandmother, who is visually impaired.During the night, he sneaked into the girl’s blankets and threatened her with a knife if she made any noise and raped her.He continued to be intimate with her and at times he would promise to give her some money.
The offence came to light on 3 January this year after the girl informed her mother who returned home from where she was working.A report was made to the police, leading to the man’s arrest.
Appearing before another court, a 22-year-old man from the Nyamandlovu resettlement area was sentenced to 36 years in jail for raping his 14-year-old relative on three occasions.
The man pleaded not guilty to three counts of rape, but was convicted by Bulawayo regional magistrate, Mrs Fadzai Mthombeni.Six years of his sentence were suspended for five years on condition that he is not within that period convicted of a similar offence.It was his defence, which the court dismissed, that the intimacy was with her consent since they were in love.
Prosecuting, Mr Evans Mungoni proved that sometime in August last year, the girl was sent to gather firewood in a nearby bush and the man followed her.He raped her and when she got home she told her grandmother about the rape but the grandmother told her not to tell anyone.
She was again sent to collect some clay to use to plaster huts and he followed and raped her for the second time.This time she did not report the incident since he had threatened to assault her if ever she told anyone.After the third occasion the girl told a neighbour that her private parts were painful because the man had raped her.
The neighbour then informed the girl’s mother who in turn made a report to the village elders.The matter was then reported to the police leading to the man’s arrest.