Court Report: Nkulumane Man Acquitted of Rape Charges

By A Correspondent | A 65-year-old man from Nkulumane, Bulawayo, has been acquitted of charges of raping his 17-year-old granddaughter after the Bulawayo Regional Court found insufficient evidence to sustain the allegations. The man’s name has been withheld to protect the identity of the complainant.

Background of the Case

The accused faced allegations of having raped his granddaughter twice—once in 2014 and again in 2023. The complainant alleged that both incidents took place in the accused’s bedroom at night, during moments when they were alone.

Prosecutor Ms. Nomthandazo Mafu informed the court that the first incident allegedly occurred on August 9, 2014, when the complainant was preparing blankets in the accused’s bedroom. The accused allegedly entered the room, pushed her onto a mattress, and raped her. The second alleged incident reportedly took place on August 11, 2023, under similar circumstances.

However, inconsistencies in the complainant’s testimony and the lack of corroborative evidence significantly weakened the State’s case.

Court Proceedings

The accused’s lawyer, Ms. Bandile Mpofu of Bukhosi Ncube Attorneys, challenged the credibility of the complainant’s testimony, pointing out contradictions and inconsistencies. Ms. Mpofu argued that the complainant fabricated the allegations to avoid punishment at home.

“The complainant’s account was inconsistent and unreliable. She even claimed the accused raped her while she had shorts on, which was impractical. Additionally, the medical report submitted by the State confirmed she was sexually active but did not link the accused to the alleged acts,” argued Ms. Mpofu.

Ms. Mafu, for the prosecution, acknowledged that the evidence presented was insufficient to establish the accused’s guilt. She stated that while the complainant was indeed sexually active, the medical evidence did not provide a direct link to the accused.

Verdict

In her ruling, Magistrate Ms. Sibonginkosi Mnkandla noted that the State’s case lacked the necessary evidence to support a conviction.

“After hearing the testimonies by the complainant and State witnesses, the court noted that there is a lack of evidence linking the accused to the alleged offence. Accordingly, he is found not guilty and discharged,” said the magistrate.

Key Observations

The court emphasized the importance of consistent and reliable evidence, particularly in sensitive cases involving allegations of sexual violence. The inconsistencies in the complainant’s statements were highlighted as a major factor in the acquittal.