By Dumisani Ndlovu
A 31 year old man, Malaki Mangena from Saini village under Chief Chizungu in Mberengwa has been slapped with a 16-year jail term for raping a minor.
The victim aged 13 was doing form 1 when she fell prey to Mangena’s sinister motives.
The Public Prosecutor, Linah Charity Mamombe told the court that on an unknown date the complainant came home from school and found the accused person who is a cousin brother to her alone.
“The complainant entered into her bedroom and removed her uniform. Whilst the complainant was still into the bedroom, Mangena entered into her room and pushed her to the ground. He removed her skirt and pant, removed his short and mounted on top of her and had sexual intercourse with her,”
Prosecutor, Mamombe said, adding that the victim was incapable of consenting to sexual intercourse by the time the crime was committed.
The public Prosecutor further told the court that from the day Mangena raped the minor, he continued to quench his ‘sexual’ thirsty on different occasions when her grandmother was away from home until December 2023 when hell break loose.
“The complainant reported the case to her aunty Keith Gunya in October 2023 and she promised to report the matter to the grandmother. The complainant’s mother came from Felabusi, the complainant told her about the matter. She also told her brothers. One of the brothers, Mikicho Gunya called the accused and told him to stop having sexual intercourse with the child,” said the prosecutor.
After the family settled the issues at a kangaroo court, the Prosecutor said he accused stopped having sexual intercourse with the minor. However the matter came to light after police got a tip off from members of the public.
The accused who resided at the same homestead with the complainant, appeared before Regional Magistrate Christopher Maturure.
The rapist’s efforts to beg for Magistrate Maturure to spare him a jail sentence on conditions that he compensate the victim with a goat hit the brickwall as the magistrate landed him an effective 16 year jail sentence, he was convicted on his own plea of guilty.
The complainant was referred to Mberengwa Hospital where she was physically examined and the medical report was produced in court as an exhibit.
Passing the sentence, Magistrate Maturure said the crime was committed in aggravating circumstances and from the trusted person who should have protected the child.
The magistrate also considered the age disparities between the accused and the complainant.
“The court also considered another aggravating factor that you stayed with the complainant at the same homestead. Because of the nature of your relationship you should have protected her instead of abusing her at home where she should be safe, hence exposing her into HIV risk and the risk of pregnancy. The court, however considered that you did not impregnant her or infect her with HIV.
Regional Magistrate Christopher Maturure found Mangena guilty of rape as defined in section 65 of the Criminal Law Codification and Reform Act Chapter 9.23. He was sentenced to 16 years in prison.
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