A 49 year old Mbare man have a sigh of relief after he was acquitted of rape allegations in which he was accused of raping a 12 year old girl after lured her with a US$1 to wash his plates.
Radius Pindurayi of National, Mbare who was represented by Tendai Masawi of Masawi and Partners was acquitted by Harare regional magistrate Feresi Chakanyuka who ruled that there was no prima facie evidence submitted in court to warrant his conviction.
In her ruling, Chakanyuka noted that Pindurayi and the Complainant's mother had bad blood and that medical report came out reflecting that the complainant was a virgin till 2026 and never had any intercourse prior to 2026.
The court also noted that the complainant had denied that she was raped four times in the presence of the Investigating Officer.
After analysing the submissions by both parties and witnesses magistrate Chakanyuka acquitted Pindurayi.
The State had alleged that on the date unknown but during the month of December 2024 at around 1430hrs and at 32 Mushongandebvu road National Mbare, the accused person noticed that the complainant was left alone at home by her mother and other tenants were also not around.
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The accused person is alleged to have lured the complainant into his room by giving her some plates to wash for a reward of US$1-00.
It was alleged that when the complainant entered into accused person’s room to left his plates, the accused forcibly locked the door and removed the keys.
It was further alleged that whilst inside the room, the accused person took a shoe lace and tied the complainant's hands, pushed her onto the bed and raped her without protection.
However, Pindurayi in his defence denied the offence and through his lawyer Masawi submitted that he was not at the scene on the time when the offence was alleged to have been committed saying he was always at his rural home in Murehwa.
He said he returned to Harare on December 28, 2024 and he did not see the complainant despite seeing her mother and brother who were the new tenants at the lodgings.
Pindurayi said he returned to Murehwa on the next day until January when he came to pay rent saying that is when he saw the complainant.
He submitted that he would treat the complainant as his child saying her mother is the one who was seducing him and suspect that when he did not that is when the bad blood started.
He further submitted that the complainant mother would always request him to buy alcohol for her but refused saying the bad blood could have been the results of rejecting her temptations.
Pindurayi was saved by the medical report which showed the healed hymenal tears that support that there was no any penetration.