MIDWEEK REPORTER
MASVINGO CITY-A Rujeko A man has been set free by a Masvingo Magistrate after he was found not guilty of raping his own 13 year old biological daughter doing.
The daughter is doing form 1 at Rujeko Secondary School.
The case was heard by Regional Magistrate Bishard Chineka who acquitted the father as the state’s case was not tight enough to force a conviction.
Liberty Hove stood for the state.
It was the state case that the father allegedly raped his daughter on 20 May, 2024 in the dining room where she was sleeping together with her four year old sister.
The girl who was in tears and shaking went on to reveal her ordeal to her head teacher, Vaida Chuma who then accompanied her to Rujeko Police Station where a report was made against the father who was then taken in.
“That she was crying and emotional when she reported to her teacher is of no moment therefore in the face of exculpatory (the evidence is favorable to the defendant) evidence noted above.
“The court cannot allow itself to be swayed by the tears of the complainant therefore.
“A conviction in these circumstances is both unsafe and suspect. This is a case in which accused must be given a benefit of doubt as the law requires where reasonable doubt as to his guilt exists. It is reasonably possible that accused may have raped the complainant.
“It is equally reasonably possible that accused may not have had sexual intercourse with her. Where such reasonable doubt exists, the ruling must be in accused’s favour,” concluded the Magistrate.
The girl told the police that her father raped her while wearing a condom and muzzled her mouth and threatened her with unspecified action if she tells anyone.
She said her stepmother had left for South Africa at around 9pm on the same day that her father arrived from the same country where he worked.
The girl also told the police that her father appreciated that she was virgin and better in bed than her mother and stepmother.
“She (investigating officer) said she (complainant) told her that the accused told her that she was sexually sweeter than her biological mother and stepmother and was grateful that she was still a virgin,” said the state.
In his recorded statement the father denied raping his daughter but said he only kissed her as a loving father.
He said her daughter was bitter as he did not fulfill his promise to enroll her at a top boarding school and had accused her of sleeping around with boys.
On May 19, 2024 the girl is said to have reported home late after being sent on an errant by her stepmother as she wanted to have quality time with her husband who had just arrived from South Africa.
The parents questioned her and her younger sister is said to have revealed that they were delayed by a form 5 boy who was playing with the complainant.
The said he suspects that her daughter lost her virginity to the boy but she decided to implicate him because he questioned her wayward behaviour.
The Magistrate took into considetration a number of inconsistencies in the complainant’s statements, like the number of times she said she was raped. She allegedly told the school head that she was raped three times but in court she said twice.
She said she never experienced any pain or bled although her hymen was broken according to the medical report which stated:
“Five hymeneal tears noted were fresh, and hymen was stretched. A Fresh tear was also noted on her perineum (the area between the anus and the vulva) that leaves no doubt that she was sexually abused and the fresh tears are clearly and unmistakenly consistent with the recent and fresh sexual intercourse,” read the medical report.
The Magistrate also took into consideration that the complainant said the stepmother left for South Africa at 9pm on 19 May yet she left for Exor Bust Stop at 3am on 20 May according to the accused.
The accused’s statement also corroborated with that of the stepmother.
It was also said in court that the complainant had reported the matter but was not aware of the gravity of the issue and at one time attempted to withdraw the case.
