Chitungwiza — A 24-year-old Chitungwiza kombi driver, Jerald Mwanjira, escaped a lengthy prison sentence by a whisker after he was acquitted of rape charges, but was slapped with a five-year jail term for bedding a 15-year-old girl.
BY SOFIA MAPURANGA
Mwanjira was initially charged with rape as defined in Section 65 (1) of the Criminal Law (Codification and Reform) Act when he appeared before regional magistrate Estere Chivasa.
The accused will, however, serve a three-year effective jail term after the magistrate suspended two years on condition of good behaviour.
In his defence, Mwanjira denied the rape charges arguing that the minor was his wife and she had consented to having sexual intercourse with him. He also told the court that he bought a plate of sadza for the girl after she had complained of hunger.
In passing sentence, Chivasa said it was wrong for Mwanjira to take advantage of the girl’s circumstances and have sexual intercourse with her.
Presenting the State’s case, prosecutor Karen Kunaka told the court that on May 11 this year in the morning, the complainant (name withheld) who resides at a farm in Beatrice, left her home and proceeded to Zengeza to sell firewood.
In the afternoon of the same day, the complainant met Mwanjira near Surface Industrial site and as a total stranger he greeted her, but she remained silent.
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The court heard that Mwanjira produced a knife from his pocket and threatened to kill her if she continued refusing to accompany him to his house and she complied.
Mwanjira is said to have threatened to kill her if she raised an alarm. He further threatened to follow her since he knew where she resided.
When the duo arrived at the Mwanjira’s home, he asked the complainant to have sexual intercourse with him, but she refused and Mwanjira forcibly pushed her to the floor and had sexual intercourse with her without her consent.
After raping the girl, Mwanjira took his spoiled blankets outside and told the minor that he would kill her if she went out of the house. He instructed her to tell the landlord that she was his sister, but she spilled the bins.
