HH 419-18 DAVISON MUTIZWA versus THE STATE

DAVISON MUTIZWA

versus

THE STATE

 

HIGH COURT OF ZIMBABWE
TSANGA J
HARARE, 1 June & 16 July 2018

 

 

Bail Pending Appeal

 

P Mufunda, for applicant
E Nyazamba / E Makoto, for the State

 

            TSANGA J: The applicant, aged 44, was convicted of rape and sentenced to 16 years imprisonment with five years suspended on the usual conditions. The accused was said to have given a lift to a then 19 year complainant who was coming from a party on the evening of 25 December 2016. She was with her child. The lift had been solicited for her by a relative who had accompanied her to the road at night to find transport. When the accused drove by she had embarked at the behest of her relative who knew the accused. The rape was found to have occurred when they got to a specified street where the accused had locked the doors and asked for sex as payment. He had forcibly laid her on the seat and had had sex with her without her consent. She had reported to her husband after a few days, who had noted that she was depressed and not herself. Whilst acknowledging having given her a lift, the accused had denied having had sexual intercourse with her. A full trial had found him guilty. The Magistrate had found her a credible witness and was equally satisfied with the evidence of the husband to whom the matter had been reported.

Dissatisfied with conviction and sentence, the accused noted an appeal which is yet to be heard. The grounds of appeal are as indicated below. He applied for bail pending appeal.

AD CONVICTION

 

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