A Harare magistrate has acquitted a man accused of raping his 10-year-old niece.
The judge said the minor’s testimony that her uncle penetrated her for five minutes contradicted a medical report that showed no visual evidence of penetration.
He said the state’s outline was also inconsistent with the victim’s evidence as she claimed the accused used protection while the minor claimed he did not use any.
the judge The court ruled that the essential element of penetration in rape cases had not been proven by the state since the personal physician who examined the minor was not called as a witness.
He also ruled that putting the accused in the defence position would be unfair and a complete waste of the court’s time.
The 44-year-old was acquitted after an application for his release was filed through his legal advisor Stanley Mutandadzi of Dumisani Mtumbeni Law Firm.
