A SOLDIER based at Harare International Airport, Samson Shumbayarehwa, was last week convicted on a rape charge by the High Court after the State had appealed his acquittal by the lower court.
CHARLES LAITON SENIOR COURT REPORTER
A Harare regional magistrate had earlier this year acquitted Shumbayarehwa on a charge of raping his neighbours’ 12-year-old daughter.The magistrate ruled that there was a case of mistaken identity case.
However, judges of appeal Justices Charles Hungwe and David Mangota overturned the verdict after Prosecutor General (PG)’s Office appealed against his release arguing the magistrate had erred.
Shumbayarehwa, who apparently was present when his appeal was being heard on Thursday last week, was immediately arrested and remanded in custody to November 11 when Justice Hungwe is expected to sentence him on the rape charge.
In his submissions for the State, prosecutor Tapiwa Mapfuwa submitted that the regional magistrate had erred in acquitting Shumbayarehwa, insisting that the State had managed to prove a case against him.
“The appellant (State) submits that the learned magistrate misdirected himself in acquitting the respondent (Shumbayarehwa) because the State managed to prove its case beyond reasonable doubt and there was no case of mistaken identity,” Mapfuwa said.
The circumstances surrounding the commission of the offence were that on November 3, 2012, Shumbayarehwa, who resided at Chinhamo Farm in Waterfalls, invited the minor to his house at around 8pm.
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Shumbayarehwa then asked the girl to enter his room and requested her to light up his cellphone while he replaced a blown-up electrical bulb.
The girl oblivious of the dangers that lay ahead, entered the room and acted according to Shumbayarehwa’s commands.
The court heard that while the girl was still inside, Shumbayarehwa suddenly held her tight and gagged her mouth with a piece of cloth while pushing her onto his bed.
Thereafter he forcibly had sexual intercourse with the girl without her consent.After the act, the girl rushed to her mother who was selling sadza at the nearby shopping centre and narrated her ordeal, leading to Shumbayarehwa’s arrest.
