THE STATE

versus

BINDURA GEZANI

HIGH COURT OF ZIMBABWE

MUSAKWA J

HARARE, 2 July 2018

Criminal Review

MUSAKWA J: The accused person was convicted of contravening s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9: 23]. He was sentenced to 18 years’ imprisonment of which 3 years were suspended for years on condition of future good behaviour.

I initially sought the trial magistrate’s comments regarding the first person to whom the complainant reported the offence. In the process I directed that the entire proceedings be transcribed, and in light of my subsequent scepticism on the verdict this turned out to be a wise decision.

The evidence shows that the complainant was eight years old and was in grade two. According to state papers the offence occurred on 11 May 2017 at A 9 Kennival Roses Farm, Mount Hampden. During the school holiday the complainant had visited her grandmother who resides at the farm.

On the particular day the complainant went out to play with another child, Florence who resides at the place where the accused was a visitor. According to the complainant the accused took her inside the house. The accused then removed her panty and lay on top of her and did “silly things” on her. The accused further urinated on her and wiped her with a cloth. Thereafter the accused let go of her and she proceeded home.

The complainant testified from a separate room via the closed circuit television. Despite this, she was not calm as she broke down. Her evidence in some material respects did not flow. For example she was not specific as to what the accused did when he did “silly things” on her. She was given dolls to illustrate but this was not very helpful. She did state that she felt pain