By Tadiwa Shunje
MASVINGO-A 22-year-old Chivi man accused of raping his 13-year-old sister-in-law twice is
now a freeman after he was acquitted on September 14, 2026, when the court found
inconsistencies and weaknesses in the State’s case.
The accused, who resides in Sitomu Village under Headman Madyangove, was facing two
counts of rape involving the Grade Seven learner from Mutsauri Village under Headman
Madamombe.
He appeared before Masvingo Regional Magistrate Innocent Bepura on September 14, with
Innocent Mudzingwa also in court.
The State alleged that on April 15, 2026, the accused and the complainant were travelling from
Mutsauri Village to Chivi Hospital to visit the accused’s daughter who was unwell.
The court heard that along the way, the accused asked the complainant to pass through his
homestead, which was along the road, and she agreed.
It was alleged that they found the accused’s mother asleep in her bedroom before the accused
took the complainant into another bedroom, locked the door, and raped her.
The State further alleged that the accused threatened the girl with unspecified consequences if
she disclosed what had happened.
On the second count, the State alleged that on May 5, 2026, the accused visited the complainant’s
homestead while her mother was away at church.
The court heard that the accused went into a bedroom, called the complainant, and allegedly
raped her.
The matter reportedly came to light later in May after the complainant’s sister was told by her
mother-in-law that she had previously seen the complainant and the accused inside a bedroom
with the door locked.
On May 21, the complainant’s sister questioned her about the incident, leading to the girl
allegedly disclosing the abuse.
The matter was subsequently reported at ZRP Mashava, leading to his arrest.
However, the accused denied both allegations, telling the court that the case had been fabricated
following the breakdown of his relationship with his ex-wife and mother-in-law.
On the first count, he said the complainant followed him into the bedroom and that nothing
happened between them.
On the second count, he said there were other people at the homestead and that he was doing
construction work there, arguing that the complainant’s sister had fabricated the allegations to fix
him.
The State called three witnesses during the trial.
In his judgment, Magistrate Bepura raised concerns over several aspects of the State’s case,
including the delayed report and circumstances surrounding the disclosure of the allegations.
The court noted that the matter was only reported after the accused’s relationship with the
complainant’s family had broken down.
The magistrate also considered evidence surrounding the first alleged incident, particularly the
presence of the accused’s mother at the homestead.
The court heard that the complainant had alleged that the accused took her from the kitchen into
the bedroom, but the accused’s mother, who was reportedly at the homestead, did not hear any
noise that could have raised suspicion.
The court also considered evidence that one of the witnesses had threatened the accused with an
axe during the course of the matter.
Bepura found the threat unlawful and considered it when assessing the evidence presented before
the court.
After considering the evidence, the court found that the State had failed to prove the allegations
beyond reasonable doubt and acquitted the accused on both counts.
The accused was therefore found not guilty and acquitted.
