A-61-year-old woman from Seke was on Wednesday acquitted of two counts of indecent assault by Chitungwiza magistrate Estere Chivasa.
By Sofia Mapuranga
Keresencia Makuruve, of Gaura Village in Seke, was hauled before the courts facing two counts of aggravated indecent assault on her two grandsons aged seven and, as defined in section 66 (b) (ii) of the Criminal Law (Codification and Reform) Act Chapter 9: 23.
Makuruve, was found not guilty following the complainants’ U-turn.
The accused had pleaded not guilty to the charges.
While handing down the ruling, magistrate Chivasa revealed that the minors had made a U-turn when they were being cross-examined alleging that they had been influenced by their sister, Edith Chitendere to lay the false charges against their grandmother.
“There is nothing (medical affidavit) to point out that the two boys were abused,” said Chivasa.
“The minors also said that their sexual reproductive organs were not painful after the act. I am sure that this is also because the accused was not a virgin……. unless if it was the other way round.”
Prosecutor Karen Kunaka told the court that on April 17 this year at Gaura Village in Seke, when the 10-year-old juvenile was sleeping, Makuruve allegedly removed the complainant’s underpants and trousers. She then removed her skin tight, got on top of him and sexually abused him once.
It was the State’s case that the complainant’s sister, Chitendere, then lit the candle and found the accused still on top of her brother. Makuruve ordered Chitendere to blow out the candle. The complainant then informed his mother, Edina Marecha when she had come to take him back from holiday. A tip-off was then made at Dema Police Station and investigations were carried out.
Kunaka told the court that on the second count, Makuruve indecently assaulted her other grandson aged seven years old.
It was the State’s case that on June 15 around midnight, the complainant who was sleeping on the mat together with her sister, Chitendere, in the same room with their grandmother woke up to urinate in a tin.
Allegations are that Makuruve then requested the complainant to join her on the bed and the minor consented. The accused then ordered the complainant to insert his male reproductive organ into her private parts and the organ rested on her thighs. The accused is said to have ordered the complainant to insert his organ into her sexual reproductive parts.
On June 16, the complainant’s sister found him sleeping in the bedroom and quizzed him what was wrong with him prompting him to reveal that he was suffering from a headache. The complainant attributed the headache to the previous night’s events where he alleged that their grandmother had ordered him to get on top of her.