KADOMA — A 27-year-old man, who was in the dock facing one count of indecently assaulting a teenager, was yesterday spared a custodial sentence after it emerged he was a Form Three pupil.
Simon Ncube of Musemesi village, Chief Nyika in Mhondoro-Ngezi, was convicted on his own plea of guilty when he appeared before magistrate Takudzwa Gwazemba, who sentenced him to 10 months’ imprisonment.
However, four months of the jail term was suspended for five years on condition of good behaviour, while a further six months was set aside on condition he performs 210 hours of unpaid work at Vera Clinic outside school hours.
In handing down sentence, the magistrate said he had taken into consideration that accused, at his age, was still trying to sort out his life by attaining education.
Gwazemba, however, said the sex attack on the juvenile was a serious offence punishable by a custodial sentence.
“You have been saved from going to prison because I have considered that you are trying to rebuild your life,” said the magistrate.
During trial, Ncube stunned the court by further incriminating himself after confessing he had actually stealthily sneaked into the 13-year-old’s bedroom before committing the crimes on three different occasions, not only once as alleged by the State.
In his defence he said he had thrice entered the Grade Six pupil’s bedroom and slipped into her blankets before fondling her buttocks while she was fast asleep under the mistaken impression it was her elder sister with whom he was in a love affair.
He further claimed the two sisters were of the same physical built, hence he was bound to be mistaken.
Ncube claimed he would arrange with complainant’s 16-year-old sister to come for sex romps.
Magistrate Gwazemba described his actions as “sinister” thereby raising his moral blameworthiness.
The State case was that on September 15 this year at around 0100hours at a homestead in Musemesi village, Ncube, who is a neighbour, was sleeping with complainant’s uncle in the same house, but in an adjacent bedroom.
Ncube got into the room the girl was sleeping in and started fondling her backside which awoke her, prompting him to flee. However, the complainant followed him to the opposite room where she fingered him as having indecently assaulted her. The matter was reported to Mamina police leading to Ncube’s arrest.