HH 462-18 THE STATE versus KNOWLEDGE MUTEMAGAU

THE STATE

versus

KNOWLEDGE MUTEMAGAU

 

 

HIGH COURT OF ZIMBABWE

FOROMA & CHITAPI JJ

HARARE, 17 May 2018

 

 

Review Judgment

 

 

FOROMA J: The accused was charged with the crime of indecent assault as defined in s 67 of the Criminal Law Codification and Reform Act [Chapter 9:27]. The facts relied upon in the outline of the state case were that the accused, a 30 year old neighbour of the complainant, a married woman aged 22 years old, went to the complainant at her field where she was working alone and proposed love to her. The complainant turned down the proposal. Accused advanced towards the complainant who moved away from him. This did not deter the accused who chased the complainant, tripped and felled her down. He got on top of her, pulled up her skirt and proceeded to unzip his trousers. As he pulled up her skirt, the complainant was crying for help. Fortunately for the complainant her vicious dog came to her rescue in that it attacked the accused and pulled him by his shirt giving complainant an opportunity to free herself from the accused and flee from her assailant. Complainant reported the offence to her husband on his return home from work.

The accused was duly convicted and sentenced to twelve months imprisonment with 6 months of the sentence suspended for 3 years on the usual conditions of good behaviour. The accused’s record came before the regional magistrate for scrutiny as a result of which the regional magistrate raised issue with the propriety of the charge taking into account the factual averments in the charge sheet as read with the state outline. The 

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2018