High court frees rape accused cousin (31)

A MAN from Zvishavane who is serving a 15-year jail term for allegedly demanding sex from his 14-year-old cousin whom he had found being intimate with her boyfriend in the family home has been freed by the High Court.

Knowledge Uswahwengavi (31) was last year convicted of rape by a Gweru regional magistrate and sentenced to an effective 12 years in jail after three years were conditionally suspended.

Uswahwengavi allegedly demanded sex from his cousin so that he would not report her to her parents.

Bulawayo High Court judge Justice Nokuthula Moyo set aside both conviction and sentence after the matter was brought before her for criminal review.

The judge ruled that the magistrate erred by failing to take into consideration the issue of the risk of false incrimination as pleaded by Uswahwengavi during trial.

Justice Moyo said from the facts before the court, it was clear that the complainant had a motive to lie against Uswahwengavi about the rape to cover up for her own misdemeanour.

“Complainant had been caught by the accused red handed in a misdemeanour. These two are related and accused sought to involve a neighbour as a mutual person and also tried to call elders,” said Justice Moyo.

“On the other hand, the accused’s conduct of seeking to involve a neighbour and elders is inconsistent with a person who wanted to exploit the situation by committing an offence.”

Justice Moyo said the magistrate failed to note that the State case was dented by the motive that the complainant and her boyfriend had to lie against Uswahwengavi to cover up their actions.

“I cannot certify these proceedings as being in accordance with real and substantial justice. I accordingly set aside the conviction and sentence, and the accused is person is found not guilty and acquitted,” ruled the judge.

It was the State’s case that on October 21 in 2015 Uswahwengavi, who is a cousin to the complainant, went to the girl’s home in Mandava suburb in Zvishavane looking for his wife and found the complainant having sex with her boyfriend, Andrew Shumba (21) at her mother’s house in a spare bedroom.

The court heard that Uswahwengavi chased the boyfriend away and later demanded his cousin to have sex with him to conceal the matter from the girl’s parents.

Uswahwengavi allegedly ordered the complainant to undress so that they have sex. The juvenile allegedly complied out of fear and began to undress and the accused had sexual intercourse with his cousin against her wish.

The matter was reported to Zvishavane Police leading to the arrest of Uswahwengavi. The girl’s boyfriend was also arrested for having sex with a minor. — @mashnets