MILLICENT HUNGWE
MASVINGO CITY-Masvingo City Council employee Tichaona Zvandasara who was arraigned before the courts on allegations of raping a 3 year old is now a free man after a full trial at the Magistrates Court.
Zvandasara walked out a free man on the 16th of April after the courts exonerated him for sexually ravaging a three year old in a toilet where they share a house with the girl’s parents.
Allegations against him arose in February this year when he was said to have sexually attacked the minor in a toilet which he shared with other tenants at a house in Mucheke high density suburb.
However, Regional Magistrate Bishard Chineka acquitted Zvandasara after the state failed to prove that he indeed raped the minor.
In acquiting Zavandasara, Magistrate Chineka said it was not in dispute that the minor was sexually abused but the state had failed to prove that it was indeed Zvandasara who had raped the minor.
He said the state had failed to positively identify the accused as the perpetrator
The court heard that on the 6th of February the complainant’s aunt left home for Mucheke Rank leaving the toddler with other siblings aged 12, 7, 10 and 5.
At around 6pm, the victim went to the toilet and when she was about to get out of the toilet, she saw the accused standing by the entrance.
She was allegedly dragged by the accused back into the toilet and he closed the door and instructed her to lie down facing upwards.
The accused allegedly removed his trousers and lifted the complainant and forcefully inserted his erect penis.
She cried due to the intense pain that she was being subjected to, but the accused threatened to stab her with a knife.
Tichaona then realized that the complainant was bleeding, he instructed her to clean herself and she complied, and ordered her to return back to the other siblings without telling anyone.
When the aunt came back at around 9pm she noticed that the minor was having serious difficulties in walking and her pants wet pants with blood stains.
The aunt went on to ask her why she was bleeding and she narrated her ordeal, but pleaded with her not to tell anyone as the accused would kill her.
The next day the aunt went with the complainant to the police and they took the bloodied pant.
The complainant went for a medical examination at Masvingo Provincial Hospital and the report was used in court as part of the evidence.
Innocent Mudzingwa prosecuted.
The accused was represented by four prominent Masvingo lawyers on pro bono basis as part of their giving back to society as the accused is a Una Una soccer star.
Meanwhile, The Midweek Watch has been informed that the mother of the complainant as since lodged an appeal against the judgement with the Judicial Service Commission as she feels that there was a miscarriage of justice.
