By Bright Zhou
20-year-old twin brothers from Chief Mukanganwi area in Bikita who appeared before Masvingo Magistrate’s court facing rape charges after allegedly raping a 12-year-old girl who was coming from school are now free men after Masvingo Regional Magistrate Bishard Chineka acquitted them as the case lacked incriminating evidence against them.
The duo, who are not related to the complainant but are neighbours, initially appeared in court on March 13, 2024, and were remanded out of custody for continuation of trial on the following day (March 14).
In their defence, the accused persons said they were doing a menial job on the day in question, only knocking off around 1800hrs, the same time the complainant claimed to have been raped of which they were working about six kilometres away.
Their claim was corroborated by the witness whom they were working with on the day and time in question.
In passing judgement, Chineka said it was reasonable that the complainant could have been raped by other people because it was during dark hours and that the accused persons were working about six kilometres away from where she was raped.
“It is reasonable that the complainant was raped by other people because on that day the accused persons were moulding bricks in their village which is about 6 kilometres from where the complainant was raped. She said she was raped at around 6pm and that is the time accused persons left their working place,” said Chineka.
He also said the complainant did not mention the accused persons’ names when she told her school teacher that she was raped and there was no reason for her to hide rapist names.
It was the state’s case on January 25, 2024 the complainant was on her way from school at around 1700 hours when she met the accused persons.
The complainant noticed that the accused persons were following her and she tried to run away but they caught up with her.
The court heard that the first accused person dragged the complainant to a nearby bush, laid her down on her back and told his brother to tie the complainant’s hands and to close her mouth after which he raped her while the second accused person was watching.
After that, the second accused person also raped her whilst the first accused was watching before they threatened the victim with death if she disclosed the matter to anyone.
The following day the complainant went to school and she informed her friends who escorted her to the school teacher where she narrated her story.
The teacher told the school head in turn and later escorted the girl home, where she told her parents that she did not tell them of her ordeal as she was afraid of her father.
A report was made at ZRP Nyika post and the accused persons were arrested.
