THE guardian of the minor raped by Munyaradzi Kereke six years ago yesterday filed an application for leave to appeal against sentence, saying the former Bikita West legislator should have received a minimum 20 years in jail because of the gravity of the offence.
by PAIDAMOYO MUZULU
Francis Maramwidze, through his lawyer, Charles Warara, said the presiding magistrate, Noel Mupeiwa had not considered the aggravating circumstances when he sentenced Kereke to an effective 10-year prison term.
“The court a quo erred at law in failing to take into consideration the relevant factors determining the sentence to be imposed on a person convicted of rape in terms of Section 65 (2) of the Criminal Law (Codification and Reform) Act Chapter 9:23,” Warara wrote.
“The sentence was inadequate in light of the findings of fact made by the court a quo and the nature of the charge.”
Mupeiwa, in his judgment, noted as facts that the complainant was a minor when she was raped, the age of the respondent was taken into account by the court and that a gun was used in the commission of the rape.
The court also noted that Kereke was related to the victim and that sexual intercourse was unprotected.
Warara then said: “The sentence imposed be and must be set aside and substituted with the following; the convicted person be, and is hereby, sentenced to 20 years in prison. Four years are suspended on condition the convicted
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person does not commit an offence of a similar nature within five years from the date of sentence.”
This application adds to the legal drama, as Kereke last week appealed to the High Court against both conviction and sentence. His lawyers argued that in the event that the conviction is upheld, then the sentence should be reduced to an effective eight months in prison.
