A 15-year-old Gutu teenager last Wednesday walked out of Masvingo High Court circuit a free boy after High Court judge Justice Charles Hungwe acquitted him on a charge of murdering a three-year old toddler, three years ago.
Justice Hungwe ruled that when the boy bludgeoned the toddler to death, he was incapable of knowing or doing right or wrong given that he was aged 12 years. The incident that shocked many occurred at a village in Gutu district, Masvingo province, on February 12, 2009.
The court heard that on the fateful day, the teenager and the toddler were in the company of two other children, aged six and seven respectively, as they headed for the grazing areas while driving cattle.
It is alleged the toddler incensed the teenager when she accused him of stealing her grandmother’s bottle of cooking oil.
Justice Hungwe heard that the teenager could not stomach the accusations which were made in the presence of other kids and thereby sought to discipline his niece.
The court heard that the teenager took a thorn switch and assaulted the toddler several times on the back, neck and stomach.
It is also alleged that he kicked the toddler with bare feet as she lay on the ground screaming.
As if that was not enough, the teenager allegedly hit the toddler on the head with a hard-shelled wild fruit (damba) and she fell down bleeding from the nose. The court heard that after realising the toddler had sustained serious injuries, he then dragged her and left her under a tree.
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Justice Hungwe heard the teenager threatened the other kids with assault if they spilled the beans.
The court heard that at dusk the teenager and the other children proceeded home and upon being asked about the whereabouts of the toddler, they all professed ignorance.
The court heard that the toddler’s body was recovered the following day after a search was conducted by the villagers, prompting the kids to spill the beans and leading to the teenager’s arrest.
