By Dumisani Ndlovu
Justice was served for victims of horrific crimes as Gweru Regional Magistrate, Rumbidzai Mugwagwa sentence a serial rapist, Panashe Mabheka to 32 years in prison.
Mabheka appeared at the Gweru Regional Magistrates Court facing two counts of rape, one count of unlawful entry and one count of robbery.
According to state-outline, the accused was arrested at count number 4 complainant’s house after he got tired and fell asleep following making an unlawful “quick one”. The complainant managed to escape and advised her neighbours about the encountered ordeal, leading to the accused’s apprehension, the court was told.
On the same last count, the court heard that on the day in question, the accused as per count one, two and three used the same modus operandi, threatening to kill the complainant and her child, if he spurns his demand for sex. He also took her US$3 as per count three.
“The accused pushed the complainant on the bed, removed her inner garment and had unprotected sexual intercourse with her once without her consent,” the court heard.
Although, during the trial held on Friday 1 March 2024 at the Gweru Regional Court, where he was convicted and sentenced, the 22-year-old Mabheka from Northgate Height pleaded not guilty to the charges.
The versatile Public Prosecutor, Linah Mamombe proved beyond any reasonable doubt that all four counts were committed in aggravating circumstances. The state counsel, Mamombe, submitted that the rape does not only “violate the victim’s privacy and personal integrity, it also leaves a serious psychological and physical impact”.
“The state submit that the accused is 21 years old and is not the first offender. He committed crime of similar nature, now he has advanced to rape, using a knife to terrorise the two victims. The first offender’s marriage is now at the verge of collapse because of the offence. The two victims are no longer feeling safe. What is more aggravating is the use of a weapon in form of knife in all counts,” Prosecutor Mamombe submitted.
On his litigation, the seemingly ‘stupefied’ Mabheka had nothing much to say, he only apologise to the court and requested for leniency, leaving the court with no substantial or compelling circumstances for the regional court to deviate from the prescribed minimum sentence.
In sentencing, Regional Magistrate Mugwagwa remarked that the accused lacked remorse, the victims’ right of privacy were violated by the accused, through unlawfully entering their bedrooms through illegal means and the accused used objects to threaten them.
“After conviction to all four counts, that is two counts of rape to different women, one unlawful entry count and robbery. The court also took into cognisance that despite the robbery case where the accused robbed the complainant US$3, using a weapon, he however did not inflict injury on the complainant,” said Magistrate Mugwagwa, adding that in sentencing the accused to 27 years and ten months, the court considered that the accused was not reforming since he was not the first “unlawful entry” offender.
“On count number one the accused is sentenced to 15 years in prison, on count number two 2years and 4 months. On count number three, 6 months’ imprisonment term and on count number four the accused is sentenced to 15 years in prison, hence serving effective 32 years 10 months in prison for all counts,” said Magistrate Mugwagwa.
One of the victims who could not be identified for professional reasons said was satisfied with the sentence that was handed down to Mabheka.
“I welcome the sentence and applauds the good work done by the magistrate, the PP(Public Prosecutor) and investigating officers, indeed justice was met,” she said,” with a dazzling smile.
