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HIV positive boy (15) sodomises 2 juveniles (3), (6)

ASHER MOYO

CHIMANIMANI- A Chimanimani boy (15) who was in the habit of sodomising two juveniles aged 3 and 6 years left in his custody was ordered to undergo supervised probation for a year for committing the offence.

The accused who can not be named for ethical reasons but resides in Tiya village under Chief Muusha pleaded guilty to aggravated indecent assault offence.

He appeared before Chipinge Regional Magistrate, Noel Mupeiwa.

He pleaded guilty.

Prosecuting Themba Dhliwayo said the matter was committed between April 28 and May 25 where the complainants’ grandmother (46) left the complainants in the custody of the accused whenever she went for church meetings.

During this period whilst at night the accused had anal intercourse with the complainants aged 3 and 6 years respectively.

After having sexual intercourse, the accused person threatened to beat the complainants if they divulge the information to their grandmother.

On May 21 at around 8am the complainants where again left in the custody of the accused person while the grandmother went to church.

The court heard that at around 3pm the same day the complainants proceeded to accused bedroom where he removed their trousers and had anal sexual intercourse with the two.

On another count on May 23, the complainants’ grandmother left the two in the accused person custody whilst she was going to Mata Primary School for a meeting.

While they were playing, they started throwing stones at the accused’s door. The accused then threatened the two that he will inform their grandmother. The two complainants told the accused that they will tell their grandmother that he had anal intercourse with them.

The court heard that when the complainants’ grandmother came back, they narrated everything to her.

 On May 24 the complainants’ grandmother took the two to Gwendingwe Clinic for an HIV test since the accused person is  known as  an HIV patient.

Dhliwayo told the court that the complainants tested negative and were advised to come back for another test. .

On May 25 the complainants’ grandmother and their mother escorted the complainants to the Police Station to make a report leading to the arrest of the accused.

In his ruling Magistrate Mupeiwa slapped the accused with 5 years imprisonment which was wholly suspended for five years.

In addition, the accused was ordered to undergo supervised probation and counselling for a year.

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